High Court Kerala High Court

K.J.Nelson vs The District Supply Officer on 16 March, 2010

Kerala High Court
K.J.Nelson vs The District Supply Officer on 16 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4747 of 2010(P)


1. K.J.NELSON, KUNNEL HOUSE,
                      ...  Petitioner

                        Vs



1. THE DISTRICT SUPPLY OFFICER,
                       ...       Respondent

2. THE DISTRICT COLLECTOR, ALAPPUZHA.

                For Petitioner  :SRI.K.JAJU BABU

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :16/03/2010

 O R D E R
                T.R. RAMACHANDRAN NAIR, J.
              ---------------------------------------
                   W.P.(C) No.4747 OF 2010
               ---------------------------------------
           Dated this the 16th day of March, 2010.


                         J U D G M E N T

The petitioner was a Salesman in ARD No.97 under the

Taluk Supply Officer, Alappuzha. ARD No.85 at Chathanad

junction was not having a regular licensee. Exhibit P1 is the copy

of the notification inviting applications for appointment of

licensee to ARD No.85. The petitioner submitted an application

as per Exhibit P2. Seeking for a direction to dispose of Exhibit P2

and other applications in response to Exhibit P1, this writ petition

has been filed.

2. The applications were kept pending in the light of the

direction of the Division Bench in Writ Appeal No.1217/2009. In

W.P(C) No.35583/2009, this Court had issued a direction with

regard to the consideration of claims for appointment to the

categories eligible for 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.

W.P.(C) No.4747/2010 2

3. The 1st respondent has filed a statement pointing out

that the total number of ARDs available in the District is 1237

and the present distribution among different categories is as

follows:

       General (65%)               -     872 (excess of 5.49%)

       Woman (20%)                 -     350 (excess of 8.29%)

       S.C. (8%)                   -     11 (only .89%)

       S.T. (2%)                   -     Nil

       Physically handicapped (5%) -     4 (only .32%)

4. It is therefore, submitted that the vacancies will have to

be notified in accordance with the directions of the Division Bench

to follow the mandatory reservations under different categories.

Therefore, in accordance with the directions issued by the

Division Bench in W.P.(C) No.35583/2009, the respondents shall

proceed with the matter for finalising the appointment.

This writ petition is disposed of as above.

T.R. RAMACHANDRAN NAIR
JUDGE

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