HARISH TANDON,J. - (1.) The affidavit of service filed in Court today is taken on record.
(2.) It is trite principle of law that an individual can do anything unless forbidden by law. On the other hand, the statutory authority cannot do a thing unless provided under the law. The birth of the statutory authority is from the statute or the document which has a statutory flavour and, therefore, such authority cannot travel beyond the precinct of the provisions contained therein.
(3.) In the instant case, the son of the petitioner, being an unfortunate mother, expired untimely. The said son was the MR Dealer and such dealership is governed by the West Bengal Distribution System (Maintenance and Control) Order, 2013. Paragraph 20(vi) of the said Control Order deals with engagement on compassionate ground. It is necessary to reproduce the said provision as under: "In case of vacancy arising out of death or in case of incapacitation on medical ground, subject to satisfaction of the authority, of any existing dealer, such vacancy shall initially be notified. Prayer of any of the family members of the deceased/incapacitated dealer having regular means of subsistence, will be considered with preference on compassionate ground provided such prayer along with formal application in Form 'C' along with annexure I with requisite fee is submitted within 60 days from the occurrence of such vacancy. While applying, the applicant shall have to furnish "No Objection" from other family members in the form of an Affidavit executed before a 1st Class Magistrate except in the following cases:- (a) if the applicant be the spouse of the deceased licensee, (b) if the ex-licensee, because of his/her being incapacitated/infirm has opted for the applicant. The Sub-divisional Controller, Food and Supplies shall arrange for an enquiry to verify the eligibility of the applicant and submit the report with his opinion to the District Controller, Food and Supplies. While forwarding a case on medical ground the Sub-Divisional Controller should satisfy himself/herself on examination of the medical prescription and certificate issued by a Registered Government Medical Practitioner that the ex-licensee was in a position to run dealership business considering his/her health ground. The District Controller, Food and Supplies, shall forward the same with his comments to the State Government through the Director, DDP&S for necessary approval. The Sub-divisional Controller, Food and Supplies after having Government approval, shall issue an offer letter in Form D to the approved candidate, directing him/her to furnish recent passport size photograph(s), security deposit and licensing fee as per Clause 21(i) and Schedule-A.";