IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 30361 of 2004(M) -------------------------- PETITIONER: ------------ K.SUMATHI, AGED 54 YEARS, W/O.LATE K.RAMAKRISHNAN, STAMP VENDOR, TALUK OFFICE, HOSDURG, KANHANGAD, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM RESPONDENTS: ------------- 1. THE TAHSILDAR, HSODURG TALUK, KANHANGAD, KASARAGOD. 2. THE DISTRICT TREASURY OFFICER, DISTRICT TREASURY, CIVIL STATION, VIDYA NAGAR, KASARAGOD. 3. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF TAXES, SECRETARIAT, THIRUVANANTHAPURAM. ADDITIONAL RESPONDENT 4. K.RAGHAVAN, S/O.AMBU, KIZHAKKUMKARA, post AJANUR, KASARGOD DISTRICT. BY GOVT. PLEADER SHRI.P.N.SANTHOSH SRI.K.SHRIHARI RAO FOR ADDL.R4 SMT.N.SHOBHA FOR DO. SRI.P.N.ANOOP FOR DO. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 5.6.2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 30361/04. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE APPLICATION DTD.3.9.02. P2. COPY OF THE PROCEEDINGS DTD.24.10.02 BY R1. P3. COPY OF THE RULES, 2003. P4. COPY OF THE NOTIFICATION BY R2. RESPONDENTS' EXHIBITS: R4.A. COPY OF THE GOVT. ORDER DTD.4.5.99. R4B. COPY OF THE JUDGMENT IN W.P.C.NO.4404/05 OF THIS COURT. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.30361 of 2004 ================== Dated this the 5th day of June, 2008 J U D G M E N T The petitioner's husband, late Ramakrishnan, was the Taluk Stamp Vendor, Taluk Office, Hosdurg, in Kazargod District. He died on 26.8.2002. By Ext.P2 order dated 24.10.2002, the petitioner was appointed as stamp vendor in the place of her husband temporarily. The petitioner has been continuing as such. While so, by Ext.P3, the Government issued the Kerala Manufacture and Sale of Stamp (Amendment) Rules 2003, whereby a minimum educational qualification was prescribed for appointment as stamp vendor, as per which, the stamp vendor should have minimum educational qualification of SSLC. The petitioner is now aggrieved by Ext.P4 notification issued by the District Collector calling for application for appointment as stamp vendor at Hosdurg in the vacancies available. Apparently in Ext.P4 the Hosdurg taluk office was also one of the vacancies included. The petitioner is challenging Ext.P4, which according to the petitioner, is an attempt to replace the petitioner with another person. The petitioner's contention is that since the w.p.c.30361/04 2 petitioner was appointed as stamp vendor on 24.10.2002 prior to issuance of Ext.P3 amendment rules on 7.2.2003, the educational qualification prescribed in Ext.P3 rules would not apply to the petitioner. The petitioner, therefore, seeks the following reliefs: “i) issue a writ of mandamus directing the respondents to regularise the petitioner's services as stamp vendor, Hosdurg Taluk forthwith and further to renew her license notwithstanding the educational qualification prescribed in Ext.P3. ii) issue a writ of certiorari to quash Ext.P4 notification to the extent it contemplates fresh appointments to the post of Taluk Stamp vendor in Hosdurg Taluk. iii) declare that the prescription of educational qualification in Ext.P3 is illegal and arbitrary and quash the same. iv) declare that the petitioner is entitled to be regularised in the post of Taluk stamp vendor, Hosdurg Taluk and further for renewal of licence notwithstanding the educational qualification prescribed in Ext.P3.” 2. The learned Government Pleader and the counsel for the additional 4th respondent would dispute the claim of the petitioner. According to them, the petitioner's appointment was under Rule 51 of Kerala Manufacture and Sale of Stamp Rules, 1960, which permitted only grant of licence for a limited period in the case of death of licensed vendor to enable the heirs of the vendor to sell the balance stock. Therefore, their contention is that since subsequent to the temporary appointment of the petitioner as stamp vendor, Rules have come into force, fresh w.p.c.30361/04 3 selection has to made on the basis of the educational qualification prescribed under the Rules. 3. I have considered the rival contentions in detail. 4. It is not disputed that in Ext.P2 order no period of time is specified. It simply says that the petitioner, the legal heir and widow of Sri.K.Ramakrishnan, the deceased stamp vendor, is appointed temporarily as Taluk Stamp Vendor strictly on provisional basis until further orders. Ever since then the petitioner had been continuing as stamp vendor. Recognising the fact that the petitioner was so continuing as stamp vendor as the widow of the deceased stamp vendor, this Court by order dated 7.4.2005 directed the respondents to permit the petitioner to carry on her business until further orders. It cannot now be disputed that at the time of appointment of the petitioner as stamp vendor, there was no minimum educational qualification prescribed for appointment as stamp vendor. As such, her appointment was legal and valid at the time of her appointment. Now by the Kerala Manufacture and Sale of Stamp (Amendment) Rules, 2007, the right legal heirs of a stamp vendor for appointment as a stamp vendor has been recognised by clause 22 thereof, which reads thus: w.p.c.30361/04 4 “(22) In the event of the death of a licensed stamp vendor, the District Treasury Officer shall take immediate steps for filling up the vacancy: Provided that, if the death occurs before attaining the age of 65 years, a legal heir duly authorized by the other legal heirs, if any, may be appointed as the licensed vendor in the vacancy if he is otherwise qualified to be appointed and makes out an application before the District Treasury Officer within three months from the date of death.” 5. Therefore, I am of opinion that since the petitioner who has been continuing from 2002 onwards without break, having been appointed even before the minimum qualifications were prescribed by amendment of the Rules should be allowed to continue as stamp vendor recognising the right of legal heirs of deceased licensee under the above said clause at least in order to save a lady and her family from destitution. Accordingly, the writ petition is allowed and respondents 1 to 3 are directed to regularise the the petitioner's appointment as stamp vendor pursuant to Ext.P2 allowing the petitioner to continue as licensed stamp vendor. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.30361/04 5