THOMAS VARKEY Vs. STATE OF KERALA

JUDGEMENT

(1.) Prefatorily, these writ petitions are virtually a sequel - claiming the same reliefs - to a set of ones that were filed earlier by certain others, which culminated in the judgment of this Court in WP(C)No.17739/2021 and connected matters. It must also be recorded that this judgment was confirmed by a learned Division Bench of this Court in W.A.No.1965/2022 and connected matters; and that the Special Leave Petitions attempted by the State before the Hon'ble Supreme Court against them, stand dismissed.

(2.) The afore facts are not in dispute and is expressly conceded by the learned counsel on both sides.

(3.) Compendiously, the petitioners in these cases - which have been heard together, adverting to the analogous facts and circumstances presented and the identical tenor of the reliefs sought WPC 35538/23 and connected cases for - are all Authorised Retail Distributors (ARD), within the ambit of the Kerala Rationing Order, 1966, now called the 'Kerala Targeted Public Distribution System (Control) Order, 2021' (which will hereinafter be referred to as 'Order' for short); and they assert that they complied with the directives of the Government - as they are bound to do under the statutory Scheme - to distribute "Kits of Food Articles" to citizens suffering from the COVID-19 pandemic disruption and during the "Onam Season". They say that they were promised "Commission" at specified rates, as stipulated under two Government orders - namely G.O.(R.t)No.211/2020/F&CSD dtd. 30/7/2020 and G.O(Rt.)No.98/2021/F&CSD dtd. 19/2/2021; but that they were denied the same subsequently by the Government, however, without citing any reason at all.