Joymalya Bagchi, J. - (1.) The petitioner no. 1 is the holder of licence under the West Bengal Public Distribution System (Maintenance & Control) Order, 2003 (hereinafter referred to as the "Control Order of 2003"). Due to incapacitation, petitioner no. 1 made an application in 2008, being Annexure P-3 to the writ petition, for transfer of licence in favour of his daughter, the petitioner no. 2 herein. It is the case of the petitioners that though the said application was made in 2008, but till date no decision has been taken thereon. Accordingly, petitioners pray that direction be given upon the respondent authorities to consider the application and transfer the licence in favour of the petitioner no. 2.
(2.) Mr. Sengupta, learned counsel appearing for the State-respondents submits that the application for compassionate appointment cannot be considered in the light of the West Bengal Public Distribution System (Maintenance & Control) Order, 2013 (hereinafter referred to as "the Control Order of 2013") as petitioner no. 2 is a married daughter and, therefore, will not qualify as a "family member" entitled to such compassionate appointment under the Control Order of 2013.
(3.) In rebuttal, the learned counsel for the petitioners submits that application had been made during the validity of the Control Order of 2003, wherein petitioner no. 2 was entitled to such transfer. Without prejudice to the aforesaid submission, he further submits that petitioner no. 2, though married, is wholly dependent on petitioner no. 1 and hence is entitled to compassionate appointment under the new Control Order.;