IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WA.No. 491 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.5456/2009 Dated 19/02/2009 .................... APPELLANTS: -------------- 1. K.SURESH KUMAR, RATIONING INSPECTOR, CITY RATIONING OFFICE SOUTH, THIRUVANANTHAPURAM, RES. AT KRISHNA SREE,H. NO. 73 TANNI LANE PEROORKADA, THIRUVANANTHAPURAM -5. 2. A. NIZAR, RATIONING INSPECTOR, TALUK, SUPPLY OFFICE, MAVELIKKARA, RES. AT VITHOOR HOUSE, NJAKKANAD P.O., KRISHNAPURAM, KAYAMKKULAM. 3. I.V. SUDHEER KUMAR, RATIONING INSPECTOR, TALUK SUPPLY OFFICE, VADAKANCHERRY, THRISSUR, RES. IT ILLIKKAL HOUSE, CHEBUKKAVU, THRISSUR. 4. P.R. JAYACHANDRAN, RATIONING INSPECTOR, TALUK SUPPLY OFFICE, THRISSUR, RESIDING AT PATTATHU HOUSE, ERAVIMANGALAM, THRISSUR. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FOOD AND CIVIL SUPPLIES, DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------------- W.A.No.491 of 2009 -------------------------------------------------- Dated this the 2nd day of March, 2009 JUDGMENT Kurian Joseph,J. Petitioners are the appellants. The writ petition was filed mainly with the following prayers:- i. Issue a writ of mandamus or any other writ or order directing the respondents to recast the P2 list in the light of P3 and P4 proceedings before ordering deputation of Rationing Inspectors to the Corporation. ii. Issue a writ of mandamus or any other writ or order directing the 2nd respondent to adhere to P1 guidelines in the matter of deputation of Rationing Inspectors to the Corporation and to order deputation of Rationing Inspectors on the basis of their length of deputation service as contemplated in P1 guidelines. The learned single Judge disposed of the writ petition granting liberty to the appellants to file appropriate representation, if they are affected after the revision of the list, seeking reversion to the Department in accordance with the seniority position in the list. According to the appellants, only after the list is recast by the Government, deputation can be made from the said list. It is submitted that it is not as if deputation first and then recasting the seniority. 2. After having heard the learned Senior Government Pleader also, in the nature of the reliefs sought by the appellants we do not W.A.No.491 of 2009. -:2:- think that this court, at this stage, should go into all those matters. Appellants have sought for a writ of mandamus. It is for them to pursue their grievances before the second respondent, Director of Civil Supplies. Therefore, we set aside the judgment under appeal, dispose of the writ appeal relegating the appellants to pursue their grievances before the second respondent. We make it clear that in the event of the appellants approaching the second respondent within one month from today their grievances will be considered by the second respondent expeditiously, at any rate within a period of two months thereafter. We make it clear that we have not expressed any opinion as to the merits of the case and all the contentions are left open. Needless also to say that in case during the pendency of such consideration of the representations deputations if any made will be subject to the decision thus taken by the second respondent. (KURIAN JOSEPH, JUDGE) (S.S.SATHEESACHANDRAN, JUDGE) ahg. KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. --------------------------- W.A.No.491 of 2009 ---------------------------- JUDGMENT 2nd March, 2009