- (1.) The short point which this Court is required to answer in this writ petition is whether the Memo dated 11th June, 2015 issued by the Sub-Divisional Controller (F & S) (for short SCFS), North 24 Parganas rejecting the claim of the writ petitioner for engagement as a kerosene oil dealer (for short SK oil dealer) on compassionate grounds is legally sustainable or not. By the said Memo dated 11th June, 2015 impugned in this writ petition the SCFS held that under the provisions of Paragraph 2(i) of the SK oil order dated 24th July, 2014 only the prayer of the legal heir of the deceased/incapacitated dealer being a member of the family of such dealer being either the wife/husband, dependant sons, dependant unmarried daughters who have no regular means of subsistence may be considered on compassionate grounds. Therefore, the SCFS rejected the claim of the writ petitioner on the ground that she was the married daughter of the deceased dealer, her mother, the late Aloka Dutta.
(2.) Ms. Ishita Chakraborty, Ld. Counsel for the petitioner argues that although the petitioner was married, she is presently a divorcee without a regular income of her own. The petitioner also has a son out of her marriage. Ms. Chakraborty points out that the petitioner is the only child of her mother.
(3.) Prior to her death on 8th November, 2013 her mother had approached the competent authority for transfer of the SK oil dealership in favour of the petitioner on medical grounds. However, her mother died before such application could be considered. Ms. Chakraborty further points out that the death of the original dealer was informed to the Authority by the petitioner on 11th November, 2013. Even during the life time of her mother, since the petitioner had an estranged relationship with her husband, the petitioner used to assist her mother in running the SK oil dealership along with her son.;