- (1.) Petitioner's claims for allotment of Fair Price Shop as dependent of deceased's fair price shop dealer. The claim has been rejected on the ground that definition of 'dependents' defined in Government Order dated 07.4.2004 does not include grandson.
(2.) It is contended that definition of "members of family" is illustrative and therefore, the grandson should also be deemed to be included therein. Reliance has been placed on decision of this Court in Urmila Devi Vs. U.P. Power Corporation Ltd, 2003 3 UPLBEC 2582. In the writ petition for the purpose of definition of "family members"/'relatives', petitioner has relied on Government Order dated 17th August, 2002 and has filed a copy thereof as Annexure No. 6 to the writ petition.
(3.) In the counter affidavit, respondents have appended a copy of Government Order dated 07.04.2004, which according to them would hold the field in the case in hand. Relevant extract of aforesaid Government Order reads as under :- TABLE NOT FOUND "Kindly refer to G.O. No. 2714/29-6-2002-162 Sa 2002, dated 1 7th August, 2002 and G.O. No. 2715/29-06-2002-162 Sa/2001, dated 17th August, 2002 on the above mentioned subject; in paras 7 and 10 whereof wife, son and unmarried daughter have been included as dependants of deceased. 2. In this respect I am directed to say that it has been decided after due cosideration that in case of fair price shopkeeper being unmarried, in the allotment of fair price shops, besides wife, son and unmarried daughter, unmarried sister and widowed mother dependent on the deceased be also included as dependants of the deceased. 3. As regards the allotment of fair price shops in rural/urban area under the Public Distribution System, concerned paras of government Order dated 17th August, 2002 may please be taken to have been amended to the said extent. Other terms contained in the Government Orders shall remain as they are." (English translation by this Court);