IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 36868 of 2009(C) --------------------------------------- PETITIONER: ------------------- V.A.SALIM, S/O.ALIYAR, AGED 50 YEARS, RESIDING AT VALIYAPARAMBU, PEZHAKKAPPILLY P.O, MUVATTUPUZHA, PIN -686 674. BY ADVS. MR.C.K.PAVITHRAN, MR.VIVEK.M. RESPONDENTS: ------------------------ 1. THE DISTRICT SUPPLY OFFICER, ERNAKULAM. 2. THE TALUK SUPPLY OFFICER, MUVATTUPUZHA. R1 & R2 BY GOVT. PLEADER MR. K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.36868/2009-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PROCEEDINGS DTD. 07/02/08. EXT.P.2: COPY OF THE APPLICATION DTD. 18/12/08. EXT.P.3: COPY OF THE PROCEEDINGS DTD. 12/12/08 ISSUED BY THE R.1. EXT.P.4: COPY OF THE ORDER DTD. 09/12/08 ISSUED BY THE R.2. EXT.P.5: COPY OF THE ORDER DTD. 14/07/09 IN W.A. 1217/09. EXT.P.6: COPY OF THE ORDER DTD. 17/08/09 IN I.A. 812/09. EXT.P.7: COPY OF THE ORDER DTD. 10/11/09 IN I.A. 932/09. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 36868 of 2009-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of March, 2010. JUDGMENT The petitioner’s father was an authorized retail distributor conducting ARD 273 in Muvattupuzha Taluk from 1984 onwards. He died on 1.10.2007. Later, the petitioner was appointed and is continuing the business. Ext.P1 is the copy of the proceedings appointing the petitioner provisionally. Ext.P2 is the application for permanent appointment under Clause 45(2) of the Kerala Rationing Order. Meanwhile, Ext.P1 order has been extended further also, going by Ext.P3. But by Ext.P4, the appointment was terminated by relying upon the judgment in W.A. No.1217/2009. It is pointed out that the same does not apply to the facts of this case. 2. Heard learned Govt. Pleader appearing for the respondents. 3. As far as provisional appointment of the petitioner is concerned, there cannot be any dispute that it is not banned, going by the directions issued by the Division Bench in W.A. No.1217/2009. As far as regular appointment is concerned, it is governed by the directions issued by another Division Bench in W.P.(C) No.35583/2009 in which the Division Bench wpc 36868/2009 2 held as follows: “Notwithstanding anything contained under clause 45(2), steps are to be taken for ensuring the quota reserved for candidates belonging to Scheduled Castes, 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.” It was also directed in para 3 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. Therefore, Ext.P4 is quashed. The continuance of the petitioner on a provisional basis in terms of Exts.P1 to P3 orders, will be considered and appropriate orders will be passed within a period of two weeks from the date of receipt of a copy of this judgment. With regard to permanent appointment, it will be governed by the directions issued by the Division Bench in W.P.(C) No.35583/2009. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/