- (1.) The short point which is required to be answered in this writ petition is whether the order impugned dated 4th March, 2015 passed by the Sub-Divisional Controller (Food & Supplies) (for short SCFS), Diamond Harbour, South-24 Parganas rejecting the claim of the petitioner for compassionate appointment to the SK oil dealership of his deceased uncle is legally sustainable or not. By the order impugned dated 4th March, 2015 the SCFS noticed that the claim of the petitioner to the compassionate appointment is governed by the Memo dated 24th July, 2014 and, by the said Memo only the family members of the deceased original dealer being the wife/husband/dependant sons/dependant unmarried daughters who have no regular means of subsistence may be considered. The petitioner being a nephew of the original dealer did not fall within the definition of family members of the deceased under the Memo dated 24th July, 2014 and therefore was not considered for compassionate appointment.
(2.) Sri Laxminath Bhattacharya, Ld. Counsel appearing for the petitioner submits that the original dealer being his deceased uncle was appointed to the SK oil dealership in the year 2002. The original dealer was unmarried and the petitioner was assisting his uncle throughout in carrying on the business. His uncle died on 25th July, 2008 leaving behind his two brothers, the wives of his brothers, nephews, including the present petitioner and two nieces. Soon after the death of his uncle on 25th July, 2008 the petitioner applied to the competent Authority on 1st September, 2008 claiming the kerosene oil dealership on compassionate grounds. The first application was followed by a second application to the SCFS on 11th February, 2013 in proper form.
(3.) Upon obtaining knowledge of the fact that inspite of the pendency of his application for appointment on compassionate grounds, the competent State Authority is in the process of declaring a vacancy to the said kerosene oil dealership, the writ petitioner was compelled to file a writ petition being WP 29572(W) of 2014. By order dated 6th January, 2015 a Hon'ble Single Bench of this Court was pleased to dispose of the writ petition by remanding the matter to the SCFS to consider the representation of the writ petitioner by passing a reasoned order. His Lordship was pleased to clarify that the Court had not entered into the merits of the disputes and all points are kept open. Thereafter by the order impugned dated 24th March, 2015 the petitioner was informed of the rejection.;