Subrata Talukdar, J. - (1.) THE short question which this Court is required to answer in this writ petition is the validity of the order impugned dated 20th April, 2015 passed by the Director of Rationing, Government of West Bengal (for short DOR) rejecting the prayer of the petitioner for appointment to the Fair Price Shop (for short FPS) dealership of his late aunt, one Smt. Saraswati Gupta. The DOR came to the conclusion that under the relevant provisions of the West Bengal Public Distribution System (Maintenance and Control Order), 2013 (for short the 2013 Control Order), the petitioner, being a nephew is not a family member of his late aunt since, under Clause 2(n) of the 2013 Control Order a family member means a spouse, dependant sons and daughters.
(2.) THE DOR therefore proceeded to process the claim of the writ petitioner under the 2013 Control Order and found that the petitioner does not have a vested right to claim compassionate appointment more so, when the first representation of the petitioner immediately on the death of his aunt on 21st June, 2013 was not a representation to claim the appointment but, was only an intimation of the death of the original dealer. Sri Debabrata Saha Roy, Ld. Counsel appearing for the writ petitioner strongly argues that on the death of the original dealer, Saraswati Gupta the petitioner on the very same date, i.e. 21st June, 2013 intimated the Rationing Officer, Chitpur of such death and requested the latter to take necessary steps under the rationing rules and in the interests of the Public Distribution System (for short PDS). Thereafter, the petitioner was asked to submit a second representation by the Authority on 18th September, 2013, which he did. Sri Saha Roy argues that the second representation is in effect a continuation of the first representation dated 21st June, 2013.
(3.) SRI Saha Roy further argues that since the writ petitioner was the only legal heir of his late aunt who had no son or daughter and, had also left a registered will dated 2nd of January, 2009 in favour of the petitioner bequeathing her entire property, including the ration shop, in favour of the petitioner, the petitioner accrued a right of compassionate appointment to the FPS dealership of his late aunt as her sole legal heir. The case of the petitioner was also recommended by the Authority on 20th November, 2014.;