The petitioner, a temporary dealer, challenged the government's inaction in filling vacancies pursuant to amended guidelines issued after a prior judicial review. The court directed the respondents to finalise selections within six weeks.
Respondents directed to finalise selections following G.O.Ms.No.39 dated 22.09.2012 within six weeks.
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THE HON’BLE SRI JUSTICE R.SUBHASH REDDY
WRIT PETITION No.36995 of 2012
ORDER:
It is the case of the petitioner that he earlier worked for some time as a temporary dealer for distribution of essential commodities for shop No.18 of Bathuluru Village, Allagadda Mandal, Kurnool District. It is stated that earlier, the State Government notified the criteria for selection of fair price shop dealers in G.O.Ms.No.4, Consumer Affairs, Food and Civil Supplies (CS.1) Department, dated 19.02.2011. When the same was questioned by several fair price shop dealers, the learned Single Judge of this Court in JINKA CHINNA TIRUPELAIAH
v. GOVERNMENT OF ANDHRA PRADESH AND OTHER S[1] , after considering the matter, directed the State Government to review the policy guidelines formulated by it, in particular, with reference to Paragraph 2 of Annexure to G.O.Ms.No.4, dated 19.02.2011, by appropriately fixing maximum marks for the oral interview test, and to communicate the said decision to all the appointing authorities. It is also stated that pursuant to such directions issued by this Court, the Government had reviewed the policy and amended Paragraph 2 of
Annexure to G.O.Ms.No.4, dated 19.02.2011, vide G.O.Ms.No.39, dated 22.09.2012, by giving break-up of the marks for interview i.e. 15 marks for financial strength, 15 marks for customer relations ability and 20 marks for managerial ability. In this Writ Petition, it is the grievance of the petitioner that though the guidelines are reviewed pursuant to the directions issued by this Court, no steps are taken to fill up the vacancy on permanent basis pursuant to the notification issued on 28.01.2012.
When the matter was called on 30.11.2012, it was adjourned to enable the learned Government Pleader to obtain instructions. When the matter is taken up today, it is submitted by the learned Assistant Government Pleader for Civil Supplies appearing for the respondents that the respondents are taking steps to finalise the selections and in next couple of weeks, they will be finalizing the selections by implementing the amendment carried out vide G.O.Ms.No.39, dated 22.09.2012, for appointment of fair price shop dealers.
In view of the submissions of the learned Assistant Government Pleader for Civil Supplies appearing for the respondents, I deem it appropriate to direct the
respondents to finalise the selections by following the orders passed by the Government in G.O.Ms.No.39, dated 22.09.2012, by which, Paragraph 2 of Annexure to G.O.Ms.No.4, dated 19.02.2011 was amended, as expeditiously as possible, preferably, within a period of six weeks from today. The existing arrangements shall continue till selections are made. It is needless to observe that the case of the petitioner also should be considered, along with other applicants, who are eligible for such consideration.
The Writ Petition is disposed of with the directions as indicated above. No order as to costs.
______________________ R.SUBHASH REDDY, J 5th DECEMBER, 2012. Note: issue c.c. in three days. kvni
[1] 2012(5) ALD 48
1 issue framed by the court
Whether the respondents should finalise the selection of fair price shop dealers following the amended guidelines within a specific timeframe.
Colour shows how this judgement treated each authority
JINKA CHINNA TIRUPELAIAH v. GOVERNMENT OF ANDHRA PRADESH AND OTHERSReferred¶4
JINKA CHINNA TIRUPELAIAH v. GOVERNMENT OF ANDHRA PRADESH AND OTHERS: 2012(5) ALD 48
2 provisions across 1 enactments
Temporary Dealer for shop No.18 of Bathuluru Village
Government of Andhra Pradesh
R.SUBHASH REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
