December 21, 2016: The employment of women in foreign liquor retail shops got permission by Kerala High Court.
According to court, such orders and rules “are violative of Article 14 and 15 of the Constitution and are therefore unsustainable,” said the court in a recent order about the Foreign Liquor Rules of the state government.
According to PTI, “Justice Anu Sivaraman issued the order while disposing of a batch of writ petitions challenging constitutional validity of Clause No 37 of Rule 7 contained in Chapter VI of the Kerala Abkari Shops Disposal Rules, 2002 and Licence Condition No 36 of Foreign Liquor Rules to the effect that no women shall be employed in any capacity in a toddy or foreign liquor shop.”
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The women said in their petition that they had participated in the selection and they had been included in the ranked list for the appointment to the post of peon/helper in the Kerala State Beverages (Manufacturing & Marketing) Corporation Ltd.
However, they were not given appointment in the vacancies, citing the rules and government order. A notification issued by the Kerala Public Service Commission also stated that women will not be entitled to appointment in shop vacancies.
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PTI reported that the court directed the Kerala Public Service Commission to advise the petitioners to appoint to the post of peon/ helper in the corporation immediately, from the ranked list, as the people who are lower down in the ranked list have already been appointed.
Further said, “This shall be done within a period of two weeks from the date of receipt of a copy of this judgement. The petitioners shall be accommodated against the available vacancies without reference to whether such vacancies are in shops or otherwise.”
The court ruled, “If no such vacancies are available to accommodate the petitioners, they shall be accommodated against the supernumerary vacancies and adjusted against the next arising vacancies.”
The court has also directed the Kerala State Beverages Corporation, Kerala Public Service Commission and the state government in accordance with the judgement and in accordance with law, they should re-work the appointments made from the ranked list.
The high court said, “In view of the fact that all vacancies have already been reported to the PSC, the 3rd respondent (the PSC) shall also re-work the ranked list and pass orders accordingly within a period of one month from the date of receipt of a copy of the judgement.”