Patna High Court
Fair Price Dealers AssociationversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ application is dismissed as the dealers are not entitled to a commission equal to minimum wages and the matter has already been decided.
Summary
The Fair Price Dealers Association filed a public‑interest litigation seeking a writ of mandamus directing the Principal Secretary, Food and Consumer Protection Department, to favorably consider its representations for enhanced commission and basic margin money for public distribution system dealers. The petitioners argued that many dealers are below the poverty line and that the existing commission is inadequate. Respondents counter‑affidavited that an identical relief had been sought and dismissed in 2017 (CWJC No.19121/2015), where the court held that dealers are self‑employed and not entitled to minimum‑wage commissions. The Patna High Court examined the counter‑affidavit, the earlier judgment and found no merit in relitigating the issue. Accordingly, the court disposed of the present writ application without granting any relief, and any pending applications, if any, stand disposed.
Issues considered
- Whether public distribution system dealers are entitled to a commission equal to minimum wages.
- Whether the court can issue a writ of mandamus directing the department to consider the petitioners' representations.
- Whether the earlier dismissal of a similar petition bars the present application (res judicata).
Subjects
- public interest litigation
- mandamus
- minimum wages
- public distribution system
- commission
- res judicata
- self‑employed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6636 of 2025
======================================================
Fair Price Dealers Association through its General Secretary Dayanand
Prasad, aged about 67 years, Gender-Male, S/o Late Mishri Prasad, Resident
of Sampatchak, Saidpur Road, P.S. Kadamkuan, District-Patna.
... ... Petitioner
Versus
1. The State of Bihar through Chief Secretary, Government of Bihar, Old
Secretariat, Patna.
2. The Principal Secretary, Food and Consumer Protection Department,
Government of Bihar, Patna.
3. The District Magistrate, Patna.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Vijay Anand, Advocate
For the Respondents : Mr. P.K. Shahi, Advocate General
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
6 05-01-2026 The present writ application has been filed in the form
of a Public Interest Litigation (PIL) for the following relief:
“For issuance of a writ, especially a writ in the
nature of mandamus commanding the
respondent especially Respondent No.2 to
consider the issues favourably which was raised
through various representation filed by the
petitioner before the authority especially
Respondent No.2 in the interest of public of the
locality as it is a public issue.”
2. A counter affidavit has already been filed on behalf
Patna High Court CWJC No.6636 of 2025(6) dt.05-01-2026
2/4
of Respondent No.2, wherein the following statements have
been made in paragraphs 5 & 6:
“5. That in this regard it is stated that earlier
the Association of Petitioner also moved this
Hon'ble Court vide Writ Application bearing
C.W.J.C. No. 19121/2015 and prayed for
enhanced commission at least equal to minimum
wages, as required for maintenance as they are
persons below the poverty line. Vide order dated
18.01.2017 the Hon'ble Court dismissed the said
Writ Application with an observation that the
licensee of the Public Distribution System are
not entitled to commission at par with the
minimum wages as they are not the employees
of the State government. The Hon'ble Court also
observed that they are self employed and if they
find that the commission being given to them is
inadequate, there is no compulsion for them to
continue with dealership.
6. That as far as enhancement of basic Margin
Money of Public Distribution System dealers is
concerned it is stated that vide Letter No.5069
dated 23.11.2024, Letter Dated 17.03.2025,
Memo No. 1194 dated 24.06.2025 the
department of deponent requested the Ministry
of Consumer Affairs, Food & Public
Distribution, Government of India to consider
the enhancement of basic Margin Money of
Public Distribution System dealers as the Public
Distribution System dealers went on strike in the
month of Feb 2025 in support of his claims.”
Patna High Court CWJC No.6636 of 2025(6) dt.05-01-2026
3/4
3. Upon perusal of the counter affidavit filed on
behalf of Respondent No.2, it is evident that a similar relief had
earlier been sought before this Court, which was considered and
rejected vide order dated 18.01.2017 passed in CWJC No.19121
of 2015. The relevant portion of the said order as contained in
paragraphs 1 to 4 reads as under:
“The petitioner, an association of Fair Price
Dealers, has invoked writ jurisdiction of this
Court so as to claim enhanced commission, at
least equal to minimum wages, as is required for
maintenance as they are persons below poverty
line.
2. We do not find that the licensees of Public
Distribution System are entitled to commission
at par with the minimum wages as they are not
the employees of the State Government. They
are self employed. If they find that the
commission being given to them is inadequate,
there is no compulsion for them to continue with
the dealership.
3. Consequently, we do not find any merit in the
present writ application.
4. The present writ petition is accordingly
dismissed.”
4. Considering the pleadings advanced on behalf of
the petitioner, counter affidavit filed by Respondent No.2, and
the order dated 18.01.2017 passed in CWJC No.19121 of 2015,
Patna High Court CWJC No.6636 of 2025(6) dt.05-01-2026
4/4
this Court does not find any reason to pass further orders in the
present writ application.
5. Accordingly, the present writ application stands
disposed of.
6. Pending application(s), if any, shall stand disposed
of.
(Sudhir Singh, ACJ)
(Rajesh Kumar Verma, J.)
Gaurav Kumar,
Ibrar/-
U
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