High Court for State of TelanganaWP/9158/2016closed no costs

A.Madhavi W/O. A.Srinivasa Reddy v. The State Of Andhra Pradesh

2016-03-21Challa Kodanda Ram3 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.9158 of 2016 Between:

A. Madhavi PETITIONER AND

1. The State of Andhra Pradesh, rep. by its Principal Secretary, Civil Supplies Department, A.P. Secretariat, Hyderabad, and others.

RESPONDENTS ORDER:

Heard learned counsel for the petitioner and learned

Government Pleader for Civil Supplies appearing for the respondents.

The petitioner was appointed as Fair Price Shop Dealer for Shop No.49 of Thammadapalli Village, Banaganapalli Mandal, Kurnool District on 09.02.2011 on temporary basis and her authorization is subsisting as of today. While so, the 4th respondent issued a notification on 23.02.2016 inviting applications for filling up the vacancy of dealer to the aforesaid Fair Price Shop on permanent basis. The same is questioned in the present writ petition.

Learned counsel for the petitioner submits that the petitioner was appointed as dealer of the aforesaid Fair Price Shop on temporary basis in the year 2011 and since then she has been distributing the essential commodities to the cardholders without there being any complaint or blemish. She further submits that in terms of G.O.Ms.No.4, Consumer Affairs, Food and Civil Supplies (CS.I) Department, dated 19.02.2011, the petitioner may be given preference for appointment of dealer to the aforesaid Fair Price Shop on permanent basis.

Pertinently there is no vested right on the petitioner to seek for her appointment as Fair Price Shop Dealer on permanent basis. The only course left open to the petitioner is to participate in the selection process.

However, considering the facts and circumstances of the case and submissions made by the learned counsel for the petitioner, the Writ Petition is disposed of with a direction to the respondents to continue the petitioner as fair price shop dealer for the shop in question until the appointment of a new dealer in terms of the notification dated 23.2.2016. The petitioner may also participate in the selection process and the respondent-authorities

may consider the case of the petitioner by giving preference on account of his previous experience put in running the fair price shop since 2011.

Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.

______________________________ JUSTICE CHALLA KODANDA RAM 21st March, 2016.