Shekhar B. Saraf,J. - (1.) This is an application under Article 226 of the Constitution of India wherein the writ petitioner is challenging an amendment made to the West Bengal Public Distribution System (Maintenance and Control) Order, 2003 (hereinafter referred to as the said Control Order, 2013). The said amendment came about by Notification No. 625-FS dated March 06, 2017. The said amendment is delineated below :- "In clause 2 of the said Control Order, for sub-clause (m), substitute the following clause :-- (m) 'family member' means - (i) spouse; or (i) parents; or (i) son (including legally adopted son before death or incapacitation); or (i) unmarried daughter (including legally adopted unmarried daughter before death or incapacitation), who was wholly dependent on the dealer or distributor at the time of his death in harness or incapacitation, as the case may be, and is in need of immediate financial assistance at the time of making application and also at the time of consideration'."
(2.) It is the case of the petitioner that by carrying out the above amendment, the State has in an arbitrary manner discriminated against a married daughter in the Scheme for compassionate appointment.
(3.) Learned Counsel appearing on behalf of the petitioner submits that in her case, she was residing with her mother in whose name the M.R. Dealership existed. She further submits that she and her husband were totally dependent on the mother and were in reality helping her mother in running the M.R. Dealership. She submits that in the event the M.R. Dealership is not granted in her favour on compassionate grounds, she will be severely prejudiced and economically deprived. She submits that this appointment on compassionate grounds is her only source of income as her husband is unemployed and does not earn a single farthing.;