Andhra Pradesh High Court

WA/634/2018 of G. Kameswari, Vs The State of Andhra Pradesh, on 31 December 2019

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OF ANDHRA PRADESH: AMARAVATI CHIEF JUSTICE J.K. MAHESHWARI AND JUSTICE M. VENKATA RAMANA WRIT APPEAL No.634 of 2018 Between: G.Kameswari …Appellant and State of Andhra Pradesh, represented by its Principal Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat,

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HIGH COURT OF ANDHRA PRADESH: AMARAVATI

CHIEF JUSTICE J.K. MAHESHWARI AND JUSTICE M. VENKATA RAMANA

WRIT APPEAL No.634 of 2018

Between:

G.Kameswari …Appellant and State of Andhra Pradesh, represented by its Principal Secretary, Consumer Affairs, Food and Civil Supplies Department, Secretariat, Velagapudi, Amaravati and others ..Respondents

ORAL JUDGMENT

31.12.2019

Per J.K. Maheshwari, CJ

Sri V.V.Anil Kumar, learned counsel for the appellant.

Government Pleader for Civil Supplies for the respondents.

1. This appeal arises out of the order, dated 07.02.2018, passed in W.P.No.27504 of 2017 by the erstwhile High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, whereby the learned Single Judge dismissed the writ petition holding that the case of the appellant cannot be considered for appointment as fair price shop dealer on compassionate grounds as she was ineligible being over-age and married.

2. After hearing learned counsel appearing on behalf of the appellant as well as the respondents and on perusal of the record, it reveal that as per G.O.Ms.No.4, Consumer Affairs, Food and Civil Supplies (CS-1) Department, dated 28.02.2014, grant of fair price shop dealership on compassionate grounds is based on certain conditions as prescribed in Clause 6 thereof, according to which, in case of a daughter of the deceased fair price shop dealer, she may be eligible for consideration of appointment on compassionate grounds (i) if applied within five years from the date of death of the dealer; (ii) more so, if she is aged not more than 40 years and (iii) if she is not married, apart from other conditions so fulfilled. The appellant at present is aged more than 44 years and is a married woman. Therefore, she is not eligible to the relief as prayed.

3. In view of the foregoing discussion, we are not inclined to interfere with the order passed by the learned Single Judge in this appeal.

4. Accordingly, the Writ Appeal is dismissed. There shall be no order as to costs. As a sequel, all the pending miscellaneous applications shall stand closed.

J.K. MAHESHWARI, CJ M. VENKATA RAMANA, J

GHN

GHN

THE CHIEF JUSTICE J.K. MAHESHWARI

AND

JUSTICE M. VENKATA RAMANA

WRIT APPEAL No.634 of 2018 (Per J.K.Maheshwari, CJ)

31.12.2019

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