THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.32572 of 2010 DT.24.12.2010 Between: Smt.S.Rani … Petitioner And The Revenue Divisional Officer, East Division, R.R.District, Goshamahal, Malakunta Road, Hyderabad … Respondent Counsel for the Petitioner: Sri Bollam Lingaiah Yadav Counsel for respondent: AGP for Civil Supplies The Court made the following ORDER: ORDER: This writ petition is filed for a mandamus to declare the action of the respondent in not appointing permanent dealers of Kompally Village by giving preference or observing 1% reservation in favour of DWCRA group as illegal and arbitrary and contrary to clauses-4, 9(3) and 12(viii) of G.O.Ms.No.52, dated 18.12.2008 and Clause-5(1) of A.P.State Public Distribution (Control) Order, 2008. The petitioner claims to be leader of DWCRA group of Kompally Village. Certain fair price shop dealership vacancies were notified by the respondent. Some third parties filed W.P.No.19481 of 2009, aggrieved by non-observance of reservations in terms of para No.7 of G.O.Ms.No.52, dated 18.12.2008. The said writ petition was disposed of by this Court directing the respondent to make a comprehensive exercise regarding the total number of shops falling within his revenue division and ascertain whether reservations notified under the notifications impugned in the said writ petition were in excess or less than the required/prescribed reservations as per G.O.Ms.No.52. This Court further held that till such exercise is completed, the existing vacancies shall not be filled up. The purported grievance of the petitioner is that while the respondent has not completed the exercise as directed by this Court and filled up the vacancies so far, her claim for temporary appointment of Kompally fair price shop is not being considered by the respondent. At the hearing, Sri Bollam Lingaiah Yadav, learned counsel for the petitioner, placed reliance on Clauses-9 and 12 (viii) of the guidelines framed under G.O.Ms.No.52, dated 18.12.2008. I have considered these Clauses. Clause 9(iii) envisages preference to be given to DWCRA groups, Thrift groups functioning under various names like ‘Podupu Lakshmi’, in appointing the fair price shop dealers. Under Clause 12(viii), it is contemplated that when the authorization of a fair price shop/NR is suspended/cancelled or where a fair price shop falls vacant, to ensure uninterrupted supply of essential commodities, the cards of such dealer may be attached to the neighbouring fair price shop/NR of the same village and that if it is not feasible to attach cards to the neighbouring fair price shop/NR for want of a shop in the same village or for any other reasons, the fair price shop may be entrusted to persons purely on temporary basis for a limited period clearly indicating that no right would accrue to such temporary dealer at the time of filling up of the vacancy on a regular basis. As Clause-9 relates to appointments on regular basis, the petitioner’s claim for temporary appointment does not fall in the said Clause. As regards Clause 12 (viii), it is not the pleaded case of the petitioner that in the said Clause, any preference is provided to DWCRA group or other categories as envisaged by Clause-9(iii). Moreover, under this Clause, appointment of persons purely on temporary basis would arise only if entrustment of the fair price shop to a neighbouring fair price shop/NR is found not feasible. It is not the pleaded case of the petitioner that such arrangement is not feasible in respect of Kompally fair price shop. In the light of the above discussion, I do not find any merit in this writ petition. The writ petition is accordingly, dismissed. The petitioner is, however, entitled to apply for permanent appointment, subject to her eligibility in terms of the notification, and in such an event, the respondent shall consider her application in accordance with G.O.Ms.No.52, dated 18.12.2008. As a sequel to dismissal of the writ petition, W.P.M.P.No.41406 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. (C.V.NAGARJUNA REDDY, J) Date:24.12.2010 VGB