Patna High Court
Shyam Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The Court directed the petitioner to file a fresh application before the Sub‑Divisional Officer, which must be considered without rejection solely on the basis of delay.
Summary
The petitioner, Shyam Kumar Yadav, sought appointment as a PDS dealer on compassionate grounds after his father's death, filing an application on 13 November 2019 which the respondents claimed was not on record. He approached the Patna High Court via a writ petition, requesting the Sub‑Divisional Officer to consider his application and grant the appointment. The respondents suggested that the petitioner file a fresh application, as the original may be missing. The Court, without examining the merits, disposed of the petition at the admission stage, directing the petitioner to submit a fresh application within four weeks and directing the authority to consider it without rejecting solely on the basis of delay, and to decide within twelve weeks. The Court also ordered that the petitioner be given a hearing before any order is passed.
Issues considered
- What relief, if any, is available to a petitioner seeking appointment as a PDS dealer on compassionate grounds after a delay in filing the application?
- Whether the administrative authority must consider a fresh application and may not reject it solely on the ground of delay.
Subjects
- PDS dealer
- compassionate appointment
- writ petition
- administrative law
- public distribution system
- delay in application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9705 of 2022
======================================================
Shyam Kumar Yadav, Son of Late Laxman Yadav, Resident of Village -
Chateraje, P.S. - Manigachhi, District - Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The Principal Secretary, Department of Food and Civil Supply Government
of Bihar, Patna.
3. The Commissioner Darbhanga Division Darbhanga.
4. The District Selection Committee headed by the Collector Darbhanga.
5. The Collector, Darbhanga.
6. The S.D.O. Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. GagandraYadav, Adv.
Mr. U. K. Yadav, Adv.
For the Respondent/s : Mr.Arvind Ujjwal (SC4)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
6 25-03-2026 Without going into the merits or demerits of the case,
the present writ petition is disposed of at the stage of admission
with the consent of both the counsels.
2. It is the case of the petitioner that the father of the
petitioner was a PDS dealer and he died on 17.01.2017 and
thereafter the petitioner has approached the authority by way of
application/representation dated 13.11.2019 (Annexure-2)
seeking appointment on compassionate grounds.
3. Learned counsel appearing on behalf of the
petitioner submits that though the petitioner has been pursuing
Patna High Court CWJC No.9705 of 2022(6) dt.25-03-2026
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the matters before the respondents-authority, till date they have
not acted on the application/representation given by the
petitioner and therefore, left with no other option has to
approached this Hon’ble Court by way of the present writ
petition. Learned counsel, therefore, seeks a direction to the
Respondent No. 6, i.e., the Sub-Divisional Officer, Darbhagna
to consider the said application/representation and pass
necessary orders appointing him as a PDS dealer on
compassionate grounds.
4. Learned counsel appearing on behalf of the
respondents-State submits that the copy of the said
application/representation given by the petitioner may not be
available in the office of the concerned respondents and
therefore, the petitioner may be directed to give a fresh
application/representation to the competent authority and if any
such application/representation is made, the same shall be
considered in accordance with law and necessary orders passed.
5. Having regard to the above made submission, the
present writ petition is disposed of directing the petitioner to
give a suitable application/representation seeking appointment
under the compassionate grounds before the Respondent No. 6,
i.e., the Sub-Divisional Officer, Darbhagna, within a period of 4
Patna High Court CWJC No.9705 of 2022(6) dt.25-03-2026
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weeks from today. On such application/representation being
given, the same shall be considered in accordance with law and
necessary orders passed. The authority shall endeavor to pass
necessary orders as expeditiously as possible preferably within a
period of 12 weeks from the date of receipt of the
application/representation from the petitioner.
6. It is needless to mention that before passing any
order the petitioner shall be given an opportunity of hearing.
7. The authority shall not reject the
application/representation of the petitioner solely on the ground
that the same is made belatedly, i.e., after period of two years as
the petitioner has filed a representation on 13.11.2019
(Annexure-2) and thereafter pursuing his remedies before the
Hon’ble Court by way of the present writ petition. Any order
passed shall be communicated to the petitioner.
8. With the above directions, the present writ petition
stands disposed of.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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