HARISH TANDON,J. - (1.) Challenging the order of the authority in rejecting an application for appointment of dealer on compassionate ground, the present writ petition is filed by the aggrieved petitioner. Admittedly, the father of the petitioner was the fair price shop dealer and, unfortunately, died on 8th March, 2014. Immediately upon the death of the said dealer, the vacancy arose and such vacancy is required to be filled up as the beneficiaries of the said fair price shop cannot be deprived of the subsidised foods and supply of the essential commodities.
(2.) It is not in dispute that the said dealership is governed by the West Bengal Urban Public Distribution System(Maintenance and Control) Order, 2013 which came into effect on and from August 12, 2013. Clause 16 of the said Control Order contains an exhaustive provision relating to engagement of dealer and the mode of its selection. Sub-clause(c) of Clause 16 thereof indicates that a vacancy shall arise upon the death or incapacitation on medical ground or on any other infirmity of a dealer and such vacancy need not be notified, if any of his/her family members applies to the Director of Rationing, West Bengal for engagement on compassionate ground. One of the conditions enshrined in the said subclause and evident therefrom is that the family has no other means of subsistence. The sub-paragraph ordains the manner in which the application is required to be filed and a period of limitation within which it has to be made.
(3.) It is no longer res integra that there is a prescribed form for making an application for engagement on compassionate ground along with the requisite application fees within thirty days from the date of the death or incapacitation, as the case may be. There is no power conferred upon the authority to relax or extend or condone the delay in making an application under the aforesaid clause. Admittedly, the petitioner filed an application in a plain sheet on 4th April, 2014 addressed to the Rationing Officer of the concerned area. The said application which is annexed to the writ petition would evince that several documents were also filed along with the said application containing no-objection from the other heirs. Subsequently, the petitioner applied in prescribed format and deposited the requisite application fees before the authority. The application in prescribed format and the deposit of requisite application fees are admittedly beyond the period provided in sub-clause (c) of Clause 16 of the said control order.;