SURESHKUMAR. R. Vs. STATE OF KERALA

JUDGEMENT

(1.) THE 3rd respondent -District Supply Officer, Pathanamthitta, had issued Ext. P1 notification dated 14.7.2009 inviting applications from eligible applicants for selection and appointment as Authorised Retail Distributor (ARD) of Depot No. 150 in Ward No. VII of Konni Panchayat situated in Pathanamthitta district. It is explicitly made clear in Ext. P1 notification that the applications invited are in the "general category". The petitioner and two others had submitted their applications in response to Ext. P1. Petitioner's application in this regard is produced as Ext. P2 and he claims preference as unemployed rural youth and experience as salesman in conducting the ration shop as envisaged in Clause 45(1) of the Kerala Rationing Order. It is further pointed out that none among the classes eligible for reservation for appointment as ARD had applied and that there was no claim of legal heirs of any deceased original licensee of any ARD. Aggrieved by the inaction on the part of the respondent authority in making appointment of the ARD pursuant to Ext. P1, the petitioner had approached this Court earlier by filing W.P.(C) No. 24885/2009 before this Court. This Court, by judgment dated 27.8.2009 (produced as Ext. P3 herein), finally disposed of W.P.(C) No. 24885/2009 by directing that if the selection process in relation to Depot No. 150 of Konni Panchayat has been completed, then a final decision in the matter of appointment of a suitable person shall be taken within six weeks from the date of receipt of a copy of the judgment by the respondent -District Supply Officer, Pathanamthitta.

(2.) THE petitioner avers that the 3rd respondent -District Supply Officer, did not comply with the directions issued by this Court in Ext. P3 judgment and that upon enquiry, the petitioner was informed that appointments of all ARDs have been stayed by this Court in orders issued in W.A. No. 1217/2009 and thereafter in W.A. Nos. 906 and 927 of 2010, etc. It is stated that though the Division Bench by interim order had directed in W.A. No. 1217/2009 that the respondent therein is not to make any appointment of ARDs pending final decision of the Writ Appeal, the said Writ Appeal, W.A. No. 1217/2009 has been disposed of as per judgment rendered on 22.12.2009, holding in favour of a general candidate like the petitioner and overruling the contentions of a physically handicapped candidate, who sought claim of reservation in that case. It is also submitted that W.A. Nos. 906/2010 and 927/2010 were preferred by the legal heirs of deceased original licensees of Authorised Retail Distributor shops seeking licence under Clause 45(1) proviso of the Kerala Rationing Order, wherein also appointments of ARDs were stayed by this Court and that these Writ Appeals, W.A. Nos. 906 and 927 of 2010 along with a batch of Writ Petitions were finally disposed of by a common judgment dated 3.12.2010, in view of Ext. R2(a) amendment to Clause 45(2a) of the Kerala Rationing Order. It is thus submitted that though the aforementioned cases, W.A. No. 1217/2009 and W.A. Nos. 906/2010 and 927/2010 have been disposed of as early as on 22.12.2009 and 3.12.2010 respectively and that there are no reasons for non -consideration of the application of the petitioner pursuant to Ext. P1 notification. The petitioner contends that he is eligible on all counts in terms of the provisions envisaged in the Kerala Rationing Order and that the non -consideration of the application of the petitioner, in spite of the directions issued by this Court in Ext. P3 judgment, is nothing but illegal and improper and amounts to violation of the directions issued by this Court in Ext. P3 judgment. It is in the conspectus of these facts and circumstances that the petitioner has chosen to file this Writ Petition (Civil) on 10.3.2011 with the following prayers:

(3.) THE 2nd respondent -Commissioner of Food and Civil Supplies has filed counter affidavit dated 3.7.2012 in order to resist the pleas and contentions of the petitioner.