Daughter-In-Law Eligible For Allotment Of Fair Price Shop On Compassionate Grounds: Allahabad High Court

The Allahabad High Court has held that a daughter-in-law is very well entitled to allotment of a fair price shop on compassionate grounds. The Bench of Justice Manish Mathur relied upon an earlier judgment of the High Court wherein it was held that a widowed daughter-in-law is eligible for allotment of a fair price shop on compassionate grounds.

Essentially, the Court was dealing with a writ plea filed by one Sharma Devi whose application for allotment of fair price shop on the compassionate ground had been rejected by the Government authority on the ground that she does not come within the definition of 'family' as described in paragraph IV(10) of the Government Order dated 5th August, 2019.

It may be noted that this GO of August 2019 deals with the allotment of fair shops price and paragraph IV(10) lists out the kins/relatives of the original fair price shop owner who are eligible for such allotment upon the original owner's death.

Petitioner's submissions

Before the Court, the petitioner submitted before the Court that initially, her father-in-law was the fair price shop agreement holder of the fair price shop in question, however, subsequent to his passing away, she filed the application for compassionate allotment. However, her application was rejected.

In this backdrop, her counsel submitted that the aspect that daughter in law does not come within the preview of 'family' has already been dealt with by the Court in the judgment and order in Pushpa Devi versus State of U.P. [Nov 2021/Writ-C No. 18519of 2021] case, wherein it was held that a widowed daughter-in-law could be allotted fair price shop on compassionate grounds.

Court's observations

At the outset, the Court observed that the case of the petitioner was fully covered by the judgment of the High Court in the case of Pushpa Devi and the Full Bench decision in the case of U.P. Power Corporation Limited versus Smt. Urmila Devi reported in 2011(3) ADJ 432.

Further, the court observed that while it is correct that a daughter in law is not covered within the definition of 'family' in the government order dated 5th August 2019, but, the Court added that such an exclusion has already been held the ultra vires the Constitution of India in the judgment rendered by Full Bench of this Court in the case of U.P. Power Corporation Limited.

"Although the aforesaid Full Bench judgment pertains to the right of a widowed daughter in law and in the present case the petitioner is not a widowed daughter in law but in the considered opinion of this Court, the same would not have any difference whatsoever and the rigor of the Full Bench would be applicable in the present case as well...Applying the same logic in the case of a daughter in law which has not been widowed, it can be seen that the later would have a better claim than a widowed daughter in law since she continues to be a part of the family as much as a widowed daughter in law. As such no distinction can be carved out between a daughter-in-law whose husband is alive and a widowed daughter-in-law," remarked the Court as it found that the rejection of petitioner's application for compassionate appointment as clearly unsustainable.

In view of aforesaid, the impugned order was quashed and the Up Ziladhikari, Tehsil Bhinga, District Shrawasti was directed to reconsider the petitioner's application for appointment as fair price shop dealer on a compassionate basis expeditiously, within the period of six weeks.

Case title - Smt. Sharma Devi v. State Of U.P. Through Its Additional Chief Secretary, Food And Civil Supply Lko And Ors
Case citation: 2022 LiveLaw (AB) 103

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