P.A.NOUSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners in these writ petitions are Authorised Retail Distributors (ARD) appointed under Clause 45 of the Kerala Rationing Order, 1966. The petitioners seek to declare that the ARDs appointed under the Kerala Rationing Order, 1966 are eligible and entitled for commission towards distribution of the Free Food-Kits pursuant to Government Order dtd. 6/4/2020. Consequential and incidental reliefs are also sought for.

(2.) The petitioners state that as per the provisions of the Food Safety Act, for public distribution of food articles, permissible commission is Rs.220.00 per quintal. The Government of Kerala issued Ext.P3 order dtd. 30/11/2018 (in W.P.(C) No.17739/2021) in tune with the Food Safety Act, fixing commission for ARDs at the rate of Rs.220.00 per quintal. Therefore, from the year 2018, the ARDs are entitled to commission as prescribed under Ext.P3.

(3.) The Government issued Ext.P4 order dtd. 6/4/2020 (in W.P.(C) No.17739/2021) deciding to supply free Food-Kits of 17 food articles to all ration card holders and also to those not having ration cards. The decision was taken in the context of Covid-19 pandemic. The distribution of free Food-Kits was to be done by ARDs and the expenditure was to be met from the Chief Minister's Relief Fund. Ext.P5 instructions dtd. 8/4/2020 (in W.P.(C) No. 17739/2021) made it clear that any delay or latches on the part of the ARDs in distributing free Food-Kits would be seriously dealt with. Ext.P5 did not refer to any commission payable.