IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 WP(C).No. 3968 of 2010(U) ------------------------- PETITIONER(S): --------------- SRI. SABU JOSEPH, S/O. ABRAHAM JOSEPH, AGED 40 YEARS, ARAKKAKUDIYIL HOUSE, OORAMANA.P.O., RAMAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.C.K.PAVITHRAN RESPONDENT(S): --------------- 1. THE DISTRICT SUPPLY OFFICER, ERNAKULAM. 2. THE TALUK SUPPLY OFFICER, KUNNATHUNAD TALUK, PERUMBAVOOR. GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3968/2010-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th day of February, 2010 J U D G M E N T The petitioner is the son of Shri Abraham Joseph who was a licencee of ARD 145 in Kunnathunad Taluk. Shri Abraham Joseph died on 07/02/2009. Thereafter, the petitioner was provisionally appointed as licencee of ARD 145 under Clause 45(2) of the Kerala Rationing Order. Ext.P1 is the copy of the said proceedings. He is still continuing on the basis of the provisional licence granted. 2. The petitioner filed an application as per Ext.P2 for permanent appointment. He is having 45% disability as evident from Ext.P3 Medical Certificate. According to him, under Clause 45(2)(a)(v), the physically disable persons are entitled to 5% reservation in getting appointment as retail distributors and the said reserved quota has not been filled up in Kunnathunad Taluk. Therefore, the petitioner is entitled to be appointed either as a legal heir of the deceased or in the reserved quota for disabled hands. The petitioner is relying upon the Judgment of this Court in W.A.No.1217/2009 wherein there is a direction to the licencing authority to fix the reserved quota and allot the same to the disabled persons before filling up of general vacancies. W.P.(C). No.3968/2010 -:2:- 3. The question whether the petitioner is entitled for appointment under the reserved category can be considered only if notification is issued for permanent appointments. If such a notification is issued, the petitioner can approach appropriate authority for permanent appointment. As regards the regular appointment in the category of the legal heirs of the deceased ARD, going by the directions in the Judgment rendered by a Division Bench of this Court in W.P.(C).No.35583/2009, any priority contemplated in Clause 45(2) is only subject to the operation of the reservation under Clause 45(2)(a)(i). It was directed that only after ensuring reservation provided in the said quota, any appointment of ration distributor can be made. 4. Since the petitioner is already continuing in the temporary arrangement, the said arrangement will continue till permanent ARD is appointed under the relevant clause in the light of the directions issued by this Court in W.P (C).No.35583/2009. Appropriate decision will be taken expeditiously. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms