- (1.) The petitioner filed the present writ petition for direction upon the respondent authorities to appoint the petitioner as a F.P.S Dealer against the vacancy declared at Kalitala Colony in Ward No.7 of Konnagar Municipality under Hooghly Sub Control, in terms of approval accorded by the Government in Food and Supplies Department on 23rd December, 2011.
(2.) The petitioner's case in brief is as follows:- That the Director of Rationing vide order dated 4th January, 2011 had invited an application with approval of the Government in Food and Supplies Department for appointment of a Fair Price Shop Dealer under the West Bengal Urban Public Distribution (Maintenance and Control) Order, 2003 at Kalitala in Ward No.7 of Konnagar Municipality under Hooghly Sub Control, District-Hooghly. In response to the said notification petitioner submitted an application before the Director of Rationing. The petitioner subsequently came to know that out of many applications two applications were accepted by the office of Director of Rationing, out of that petitioner's application was found to be suitable for enquiry and other application was not considered, as such was rejected. After primary scrutiny of the application, the Shop Selection Committee had recommended for extension of last date for submission of application as sufficient number of applications were not submitted. Therefore date was extended till 31st March, 2011. Even after extension of time no further application was received by' the office of the Director of Rationing. As a result thereof the petitioner's application was accepted by the Shop Selection Committee as the said application was sent to the office of the Joint Director of Rationing, Hooghly for submission of report after enquiry. After inquiry report the Rationing Officer as well as the Joint Director of Rationing, Hooghly had recommended the petitioner's name for appointment to a Fair Price Shop (hereinafter referred to as FPS) Dealer on 5th February, 2011. Thereafter on 22nd December, 2012 the Commissioner and Principal Secretary in terms of the provision contended in Paragraph 14 of the West Bengal Public Distribution System (Maintenance and Control) Order, 2003 had accepted the said suggestion and accorded approval to appoint the petitioner as FPS Dealer. Ultimately it was found by the authorities that petitioner was entitled to appoint as FPS Dealer against the vacancy declared vide order dated 4th January, 2011. It is also submitted that the petitioner had already taken a shop room on rent sometime in February, 2011 in Manzum Apartment at 8, Vidyasagar Street, Konnagar with a view to set up the proposed FPS Dealership. Since respondent authorities were sitting tight to appoint the petitioner as Fair Price Shop Dealer despite the fact that the petitioner was selected against the vacancy for Fair Price Shop dated 4th January, 2011, the petitioner without finding any alternative moved a writ petition being W.P No. 15325 (W) of 2004 before this Hon'ble High Court and the same was disposed of on 11th June, 2014 without passing any order. The respondent authorities after sitting tight over the said issue after long two years have declared the vacancy as cancelled vide order dated 11th July, 2014 on the pretext that the West Bengal Urban Public Distribution System (Maintenance and Control) Order, 2013 has come into force on and from 12th August, 2013. As a result thereof the petitioner's final selection for approval of appointment of FPS Dealer against vacancy dated 4th January, 2011 under Control Order 2003 was ultimately cancelled vide Order dated 11th July, 2014 with the aid of substituted control order, 2013. Therefore, the petitioner challenging the impugned order of cancellation filed the present writ petition.
(3.) Mr. Biswanath Chakrabarti, learned Advocate appearing for the petitioner contended that respondent authorities have taken the appointment as Res judicata in their affidavit. But he submitted that this argument cannot be accepted when admittedly there is a challenge of law and facts.;