- (1.) By the earlier order dated 3rd January, 2018, this Bench called for an affidavit from the relevant department to bring on record the departmental notes based whereon ultimately the application of the respondent no. 1/writ petitioner for compassionate appointment as a fair price shop dealer was rejected. An affidavit has been filed on behalf of the respondent no. 4 annexing thereto such departmental notes. The affidavit shall be retained with the records.
(2.) We find from the departmental notes that the Sub-Divisional Controller, Food and Supply Department, Katwa, the District Controller, Burdwan and the Director of District Distribution, Procurement and Supply, West Bengal had recommended the appointment of the appellant on compassionate ground but the Commissioner, Food and Supply (hereafter the commissioner) proceeded to observe in his note dated 25th August, 2015 as follows:- "Not a fit case for compassionate appointment as the applicant has changed his profession solely with the purpose to obtain licence."
(3.) The appellant's father, a fair price shop dealer, passed away on 29th April, 2014. Within two months thereof, the appellant filed an application for compassionate appointment in the prescribed form, i.e. Form A vide paragraph 19(ii) of the West Bengal Public Distribution System (Maintenance and Control) Order, 2003. The form did not require the petitioner to indicate his occupation. Upon receipt of such application, the Sub-Divisional Controller, by his memo dated 3rd February, 2014, requested the appellant to produce before him a certificate of the Pradhan of the relevant Gram Panchayat as well as the sketch map of the proposed place of business. The documents were required to be submitted by 10th February, 2014. The request was complied with by the appellant. However, the appellant claims that subsequently he was given instructions on telephone to submit further documents. Such documents, inter alia, included a fresh application to be filed by the appellant in 'Form-C' vide paragraph 20(iii),20(vi) of the W.B.P.D.S. (M &C) Order, 2013.;