IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 35583 of 2009(P) -------------------------- PETITIONER(S): --------------- SMT.LILLY JOSEPH,A.R.D.NO.108, ERNAKULAM CITY,KOODARAPPILLY HOUSE,VYTTILA JANATHA ROAD,KOCHI-19. BY ADV. SRI.T.S.RADHAKRISHNA PILLAI SRI. O.K. MURALEEDHARAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,FOOD & CIVIL SUPPLIES DEPARTMENT,THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR,ERNAKULAM. 4. THE DISTRICT SUPPLY OFFICER, ERNAKULAM. 5. THE CITY RATIONING OFFICER, ERNAKULAM. BY GOVERNMENT PLEADER SRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.Q.BARKATH ALI,JJ ------------------------------------------ W.P.(C).No.35583 of 2009 -------------------------------- Dated this the 11th day of December,2009 JUDGMENT Kurian Joseph.J The writ petition is filed with the following prayers :- i. to issue a writ of mandamus or other appropriate writ, direction or order compelling the fourth respondent to regularise her appointment as ARD 108 Ernakulam City and make it permanent as provided uner 1st proviso to clause 45(2) of the Kerala Rationing Order. ii. to direct the fourth respondent to allow the petitioner to continue the ARD 108 after 13/12/2009. 2. Petitioner is the widow of Sri.K.P.Joseph, who was the original licensee of ARD 108 of Ernakulam City. He expired on 13/6/2006. Thereafter the petitioner had taken steps for appointment under proviso to Clause 45(2) of Kerala Rationing Order. So far as no regular appointment has been made. However petitioner was being continued on a temporary status. As far as the prayer for regular appointment is concerned we are afraid that the same cannot be granted without considering the claim of the physically challenged persons. Under clause 45(2)(a)(i) of the Kerala Rationing Order 1996, W.P.(C).No.35583 of 2009 2 notwithstanding anything contained under clause 45(2), steps are to be taken for ensuring the quota reserved for candidates belonging to Scheduled Caste, Scheduled Tribes, physically handicapped and women. Therefore any priority contemplated in Clause 45(2) is only subject to the operation of the reservation under clause 45 (2) (i). Only after ensuring reservation provided in the said quota, any appointment of ration distributor can be made. 3. Therefore there will be direction to the respondents 1 to 5 to see that the quota for reserved categories is duly filled before making any regular appointments to other open categories. We make it clear that there should not be any regular appointment of retail distributor without fulfilling the quota in terms of the reservation as prescribed under clause 45(2)(a)(i). 4. A Division Bench of this court has passed an order dated 10/11/2009 in I.A.No.932/2009 in W.A.No.1217/2009 rejecting prayer for temporary appointment under the 2nd proviso to clause 45(1). We find that there is some difference in the instant case, where prayer for continued temporary status is by a legal heir continuing the business of original licensee. In the above circumstances, there will be direction to the fifth respondent to continue the temporary appointment for another six months from today. There will be direction to the fifth respondent to see that the appointments to the reserved categories under clause 45(2) (a) (i) is completed within 6 months W.P.(C).No.35583 of 2009 3 from today. The petitioner apprehends that being temporary appointment continuing in terms of the proviso to clause 45(2) she may not get any opportunity to apply in terms of the notification. We do not think that that there is any basis for such apprehension. Petitioner is a lady. In case the application invited is in reserved quota for women she can independently apply in that quota. KURIAN JOSEPH,JUDGE P.Q.BARKATH ALI,JUDGE ssn