Smt. Sireesha v. The State Of Andhra Pradesh

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.37084 OF 2017 O R D E R :

The case of the petitioner is that she was appointed as Fair Price Shop Dealer on temporary basis by the 3rd respondent to the FP Shop No.078035. While so, the 2nd respondent issued impugned notification dated 16.10.2017 for filling up the vacancy of the said shop on permanent basis. The grievance of the petitioner is that though she is continuing as dealer of the said shop for the last ten years without any complaint, the 2nd respondent without considering his candidature issued the impugned notification without issuing any notice to the petitioner. Heard learned counsel for the petitioner.

Learned Government Pleader for Civil Supplies produced letter dated 23.08.2017 wherein the Director of Civil Supplies requested the Joint Collector to instruct the Appointing Authorities under the APSPDS (Control) Order 2008 to issue notifications for all the vacancies of FP shops where no legal matters involved, by 1.09.2017 and complete the entire process by 16.09.2017 and arrange to make functional those FP shops from 1.10.2017 onwards as regular shops and place requisition for required material.

When petitioner's appointment as fair price shop dealer is on temporary basis, he cannot question notification issued for appointment of fair price shop dealer on permanent basis. If he is qualified, he also can apply for the same. The aforesaid letter dated 23.08.2017 produced by the learned Government pleader also indicates the same. In view of the same, I do not see any infirmity in the impugned notification. Accordingly, the writ petition is dismissed. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. _____________________________ A.RAJASHEKER REDDY, J 06.11.2017 t k.