WP/5591/2010 of Smt.S.Usha Rani Vs The Revenue Divisional Officer,Kurnool on 31 December 2010

ORDER:

The husband of the petitioner was FPS dealer of shop No.35,Peta Kurnool. After his death on 06.06.2004, on a request made bythe petitioner, the Revenue Divisional Officer, Kurnool, by proceedingsdated 16.08.2004, appointed the petitioner as FPS dealer ontemporary basis until further orders. About six years thereafter, theRevenue Divisional Officer issued selection notification dated22.02.2010 inviting applications from eligible candidates for beingappointed as regular FPS dealer. The same is assailed in the writpetition.

The learned Counsel for the petitioner submits that as per theauthorization given to the petitioner in Form-II under Clause 5(5) of theAndhra Pradesh State Public Distribution System (Control) Order,2008, the authorization is valid for the period specified therein, andtherefore, till the expiry of temporary authorization, the RevenueDivisional Officer cannot appoint permanent dealer. Insofar as thetemporary appointment made by the Revenue Divisional Officer,Kurnool, is concerned, the appointment was made on 16.08.2004specifically making it clear that the appointment is on temporary basisuntil further orders. Therefore, the submission cannot becountenanced. Clause 2 requires specific mention of validity period. But, curiously the authorization given to the petitioner is silent on thisaspect although the printed form contains the validity date as31.03.2010. In the absence of any specific mention in theauthorization regarding validity period one should construe the order ofthe Revenue Divisional Officer appointing the petitioner as temporary dealer. As the same is made until further orders the petitioner cannotclaim any right. Further, a perusal of the appointment order wouldreveal that the petitioner requested for being appointed on temporarybasis. Having requested so, she cannot turn around and claimdealership till the expiry of the period.

The Writ Petition is misconceived, and the same is accordinglydismissed. There shall be no order as to costs.

____________

(V.V.S.RAO, J)

11.03.2010vs