IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 35001 of 2009(U) --------------------------------------- PETITIONER(S): ----------------------- 1. ALL KERALA RETAIL RATION DEALERS ASSOCIATION, STATE COMMITTEE, REG.NO.540/89, EZHUTHACHAN NAGAR, THRISSUR - 680 020, NOW OFFICE AT K.M.O. BUILDING, NEAR CIVIL STATION, KOZHIKODE, REP. BY STATE SECRETARY T.MUHAMMED ALI, S/O.IMBICHIMOYI, AGED 51 YEARS, NAUFAL NIVAS, CHERUPPA P.O., KOZHIKODE. 2. VIPEENDRANATH.N., S/O.LOHITHAKSHAN, AGED 40 YEARS, MADAYI HOUSE, ARAKKANAD P.O. KOZHIKODE - 28. 3. M.M.SUBAIR, S/O.M.M.HUSSAIN, AGED 36 YEARS, MULAYATHUDUTH, VELLIPARAMBU P.O., KOZHIKODE. BY ADV. MR.C.K.PAVITHRAN RESPONDENT(S): -------------------------- 1. THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 3. THE DISTRICT SUPPLY OFFICER, KOZHIKODE. 4. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, FOOD & CIVIL SUPPLIES, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R4 BY GOVERNMENT PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 35001/2009-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDINGS NO.D-132/08 DATED 18/01/2008 ISSUED BY THE TALUK SUPPLY OFFICER, KOZHIKODE. EXT.P2: COPY OF THE PROCEEDINGS NO.CS-2-2001/08 DATED 28/06/2008 ISSUED BY THE 3RD RESPONDENT. EXT.P3: COPY OF THE INTERIM ORDER DATED 14/07/2009 IN W.A. NO. 1217/2009. EXT.P4: COPY OF THE ORDER DATED 17/08/2009 IN I.A.812/2009. EXT.P5: COPY OF THE ORDER DATED 10/11/2009 IN I.A.932/2009. EXT.P6: COPY OF THE PETITION DATED 16/11/2009. EXT.P7: COPY OF THE ORDER NO.CS-A4-16606/09 DATED 28/11/2009 ISSUED BY THE 2ND RESPONDENT. EXT.P8: COPY OF THE COMMUNICATIOIN DATED 30/11/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 35001 of 2009-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of March, 2010. JUDGMENT The first petitioner is a registered association of retail ration distributors and petitioners 2 and 3 are the legal representatives of two deceased licensees who are running the respective shops. The second petitioner was appointed provisionally for running ARD No.9 as per Ext.P1 order and the third respondent was appointed temporarily for running ARD No.99 in Kozhikode Taluk, as per Ext.P2 order. They are aggrieved by Ext.P8, a communication issued by the second respondent addressed to all District Supply Officers not to comply with the earlier direction until further orders. According to the petitioners, there is no prohibition in the judgment in W.A. No.1217/2009 restraining the appointment of legal heirs of the licensees as provided in clause 45(2) of the Kerala Rationing Order. It is true that in the said judgment there is no bar in considering the claims of legal heirs for provisional appointment. As regards permanent appointment, the matter is governed by the directions issued by another Division Bench in the judgment in W.P.(C) No.35583/2009, wherein the legal position has been explained thus: wpc35001 /2009 2 “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). 2. In the light of the above, any permanent appointment can be made only in terms of the above direction. Therefore, the official respondents may take steps in accordance with the directions to fill up the reservation quota of SC/ST, physically handicapped, etc. 3. Since petitioners 2 and 3 have been appointed provisionally, they will be entitled to continue till regular appointments are made and any action to consider the claim of the petitioners for permanent appointment can be initiated only after the exercise directed by this Court in the judgment in W.P.(C) No.35583/2009 are over. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) wpc35001 /2009 3 kav/