A timely compassionate PDS licence application cannot be rejected due to administrative delay in processing.

The petitioner’s father, Mahadeo Sah, was a fair-price shop dealer holding Licence/Registration No. 23/88 of 32/08-12 at Kharka, Runnisaidpur, Sitamarhi. He died on 28 June 2010, leaving behind his wife and the petitioner as his sole son.

The petitioner applied for grant of a Public Distribution System (“PDS”) licence on compassionate ground on 22 July 2010, enclosing the death certificate and matriculation certificate.

Following an inquiry, the Block Supply Officer submitted a report on 7 December 2010, and the Sub-Divisional Officer subsequently required the petitioner to produce original documents, including the genealogy certificate, non-employment certificate and death certificates. The petitioner submitted those documents.

The District Magistrate, Sitamarhi, rejected the petitioner’s claim by order dated 19 March 2018, Memo No. 251, on the ground that the application had not been submitted within the prescribed period under Departmental Notification No. 1750 dated 10 March 2016.

The petitioner challenged that order before the High Court.

Whether the petitioner’s application for a PDS licence on compassionate ground was submitted within the stipulated period prescribed under the applicable rules and departmental notification?

Whether the petitioner’s claim could be rejected because all supporting documents were not submitted along with the initial application, when the documents were subsequently furnished pursuant to an official direction?

Whether the District Magistrate’s order dated 19 March 2018 was liable to be set aside and the petitioner’s claim reconsidered in accordance with law?

The Court applied the applicable rules governing compassionate appointment/grant of a PDS licence and considered Departmental Notification No. 1750 dated 10 March 2016, which prescribed the relevant time limit for submitting an application.

The governing principle was that an application submitted within the prescribed period could not be rejected on account of administrative delay in processing it or because supporting documents were furnished subsequently in compliance with an official requisition.

The Court further applied the requirement that administrative authorities must consider the claim on the correct factual and legal basis and pass a reasoned and speaking order.

The Court found that the petitioner’s father died on 28 June 2010 and that the petitioner applied on 22 July 2010, thereby submitting the application within the prescribed period.

The delay of more than two years in placing the matter before the committee was attributable to the administrative process and could not be used to defeat the petitioner’s claim.

The petitioner had also submitted the original documents when specifically directed to do so, and the inquiry report had recommended his case for compassionate appointment/licence.

Accordingly, the authorities erred in rejecting the claim on the grounds that the application was delayed and that all documents had not accompanied the initial application.

The District Magistrate was directed to reconsider the petitioner’s claim for compassionate appointment/PDS licence in accordance with law and to pass a reasoned and speaking order within two months from the date of receipt of the order.