IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 3^RD DAY OF MARCH 2022 / 12TH PHALGUNA, 1943 WP(C) NO. 28077 OF 2019 PETITIONER/S:

1 ANSAR C.S, AGED 38 YEARS ASSISTANT SALESMAN, SUPERMARKET, EDATHALA P.O., ALUVA.

2 DILSHAD K.S., JUNIOR ASSISTANT, SUPERMARKET, NORTH PARAVOOR.

3 DEEPA M.P., ASSISTANT SALES WOMEN, MAVELISTORE, SREEMOOLANAGARAM P.O., ERNAKULAM DISTRICT, PIN- 683580.

4 BINDU MATHEW, ASSISTANT SALES WOMEN, SUPPLYCO TALUK DEPOT, PERUMBAVOOR.

5 NAVAS P.A., ASSISTANT SALESMAN, SUPERMARKET, VARAPPUZHA.

6 RAJEESH RAVEENDRAN, ASSISTANT SALESMAN (ASM) PEOPLES BAZAR, ANGAMALY.

7 HARI.S., JUNIOR ASSISTANT, SUPERMARKET, PUTHENCRUEZ.

8 BENCY K.P., JUNIOR ASSISTANT, SUPPLYCO SUPERMARKET, MOOTHAKUNNAM, NORTH PARAVOOR, ERNAKULAM DISTRICT, PIN- 683516.

9 SHYAMALA G.B., ASSISTANT SALESWOMAN, TALUK DEPOT, NORTH PARAVOOR.

10 D.R.DEEPU, ASSISTANT SALESMAN, MAVELISTORE, KARIMUGAL, ERNAKULAM

11 SIMI.M.A., ASSISTANT SALESWOMAN, SUPPLYCO DISTRICT DEPOT, POONITHURA, ERNAKULAM.

12 RAJANI K.N., JUNIOR ASSISTANT, HEAD OFFICE, SUPPLYCO, GANDHI NAGAR, KOCHI- 682020.

13 O.H.MISERIYA, SENIOR ASSISTANT GR.II, SUPPLYCO SUPERMARKET, CHOONDY.

14 BASIL CHERIYA, ASSISTANT SALESMAN, OFFICE OF THE N.F.S.A, CHOONDY, ALUVA.

15 K.A.KOCHUMUHAMMED, JUNIOR ASSISTANT, OFFICE OF THE NATIONAL FOOD SECURITY, AUTHORITY, CHOONDY, ALUVA.

16 ABDUL KHADAR N.U., JUNIOR ASSISTANT, DISTRICT DEPOT, POONITHURA, ERNAKULAM.

17 PRINCE JOHN, ASSISTANT SALESMAN, DISTRICT DEPOT, POONITHURA.

18 HARIKUMAR.S., ASSISTANT SALESMAN, SUPPLYCO PETROL PUMP, ERNAKULAM, KOCHI- 682011.

19 BINDU.C.C., ASSISTANT SALES WOMAN, DISTRICT DEPOT, POONITHURA, ERNAKULAM.

20 MUHAMMED RAFI, ASSISTANT SALESMAN, SUPPLYCO HEAD OFFICE, MAVELI BHAVAN, GANDHI NAGAR, KOCHI- 682020.

21 SUKU.T.K., AGED 62 YEARS SENIOR ASSISTANT II, (RETIRED), S/O.KUTTAPPAN.K., THAZAHTU (HOUSE), PERUMBAVOOR P.O., PIN- 683542, ERNAKULAM.

22 SIVAN T.U., AGED 62 YEARS JUNIOR ASSISTANT (RETIRED), S/O.UNNIKRISHNAN, KAITHAVALAPPIL (HOUSE), NEERICODE P.O., ERNAKULAM DISTRICT, PIN- 683511.

BY ADVS.

JOBI.A.THAMPI SRI.SHAJI THANKAPPAN RESPONDENT/S:

1 KERALA STATE CIVIL SUPPLIES CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, MAVELI BHAVAN, KADAVANTHRA, KOCHI- 682020.

2 THE REGIONAL MANAGER, KERALA STATE CIVIL SUPPLIES CORPORATION, MAVELI BHAVAN, KADAVANTHRA, KOCHI- 682020.

3 THE MANAGER, AUDIT AND REPORTS KERALA STATE CIVIL SUPPLIES CORPORATION, MAVELI BHAVAN, KADAVANTHRA, KOCHI-

682020.

4 THE REGIONAL MANAGER, SUPPLCO, MAVELI BHAVAN, GANDHI NAGAR, COCHIN-

682020.

BY ADV SMT.P.R.REENA, SC, KERALA STATE CIVIL SUPPLIES CORPORATION LTD, (SUPPLYCO)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 3^rd day of March, 2022 The petitioners are employees of the first respondent Corporation and are aggrieved by the notices proposing to impose liability on them. The notice are issued alleging that, during the period from 01.04.2014 to 31.12.2015, the petitioners had sold subsidy items to ration card holders, in excess of the permitted quantity. Two among the petitioners are stated to have retired during the pendency of this writ petition. Aggrieved by the proposal to impose liability, the petitioners have send individual replies, which are pending consideration.

2. Learned Senior Counsel appearing for the petitioners referred to Ext.P52 communication to submit that automatic quantity restriction with respect to retail billing for subsidy commodities was implemented only with effect from 12.01.2016. The period for which liability is proposed to be imposed on petitioners being prior to that, the employees had no indication about the permissible quantity and cannot therefore be made liable for exceeding the limit. Reference is also made to the direction in Ext.P51 to consider the alleged excess sale of each outlet individually and to take an independent decision, after considering all relevant factors. Ext.P57 Government Order is relied on t