IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4803 of 2008 ====================================================== Uma Shankar Gupta, son of Late Umesh Prasad Gupta, resident of Mohalla Gayawalbigha at Akhara, Police Station Rampur, District Gaya .... .... Petitioner/s Versus 1. The State Of Bihar through the District Magistrate –cum- Chairman of the Compassionate Selection Committee, Gaya 2. The Deputy Collector, Gaya 3. The District Supply Officer -cum- Secretary, Gaya 4. The Sub Divisional Magistrate, Sadar, Gaya 5. The District Co-operative Officer, Gaya .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Kamlesh Kumar Mr. Prabha Kumari For the Respondent/s : Mr. (Gp11) ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER (Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN) 3 21-10-2011 The petitioner has applied for a license as a Public Distribution System Dealer for Kerosene Oil on compassionate ground. The case of the petitioner is that his grandfather was a Public Distribution System Dealer who died in the year 2002 and, therefore, the license was granted to his father. Unfortunately, the petitioner’s father died in the year 2006. The petitioner applied for grant of license on compassionate ground. No counter affidavit has been filed, however, a circular has been produced by the State Government issued on Patna High Court CWJC No.4803 of 2008 (3) dt.21-10-2011 2 / 2 2 14th October, 1998 vide letter no. 5489. In the said letter, it has been mentioned that the Secretary’s letter no. 4399 dated 10.12.1996 that compassionate appointment can be made in case of such persons whose father/mother has been working as a Public Distribution System Dealer for eight years before such persons death. In the present case, the petitioner’s father had only work for a period of four years and therefore, it has been submitted on behalf of the State that he cannot be granted the license for vending of Kerosene Oil. However, the petitioner’s application can be considered on merit under the general quota for grant of license. The petitioner is directed to make a fresh application for grant of license along with a copy of this order, which shall be disposed of by the concerned respondents within a period of four weeks from the date of receipt of such application by the petitioner. This writ application is disposed of with the aforesaid observations and directions. Prabhakar Anand/- (Sheema Ali Khan, J)