1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2011 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.2584 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 N.Prema : Petitioner vs. 1.The Joint Registrar of Co-operative Societies, Kanniyakumari Region, Office of the Joint Registrar Co-operative Societies, Nagarkovil Post, Kanniyakumari District. 2.The Special Officer, Moonchirai Co-operative Primary Agricultural Rural Development Bank, Nagarkovil Post, Kanniyakumari District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the first respondent impugned order in Na.Ka.No.1326/2009/Ma.Va., dated 20.01.2011 and consequential order of the second respondent dated 31.01.2011 and quash the same and direct the respondents to permit the petitioner to continue the work in the second respondent bank. For Petitioner : Mr.C.G.Pethanaraj For Respondents : Mr.M.Govindan Special Government Pleader ORDER The petitioner, who was working on foreign service terms in the second respondent Society, was relieved by the impugned order dated 31.01.2011 from the service of the Society and she was directed to join Manavalakurichi Primary Agricultural Co-operative Credit Society with immediate effect. Normally, an order passed by the Special Officer of Co- operative Society cannot be challenged in a Writ Petition, in the light of a larger Bench Judgment of this Court in Marappan K. Vs. The Deputy Registrar of Co-operative Societies, Namakkal [2006(4) CTC 689]. The petitioner, conscious of the same, has chosen to challenge the order passed by the Joint Registrar of Co-operative Societies, Kanyakumari Region, dated 20.01.2011, which formed the basis of the original impugned order. In that order, the first respondent, the Joint Registrar of Co-operative Societies held that the petitioner cannot work on foreign service term in another society indefinitely, as there is a statutory restriction followed by the circular issued by the Registrar and she cannot continue in the deputed Society and her term of office is curtailed only to a period of one year. 2. The contention raised by the petitioner was that the order has been passed without due notice to her and it is contrary to the principles of natural justice and already an industrial dispute has been raised before the Assistant Commissioner of Labour, Nagercoil and she cannot be deputed https://hcservices.ecourts.gov.in/hcservices/ 2 on foreign service terms, because she was not an appiontee of that Society and she was originally appointed by the Thiruvattar Primary Agricultural Co-operative -cum- Rural Development Bank. 3. In any event, the contention raised by the petitioner is contrary to Rule 149(2-A) of the Tamil Nadu Co-operative Societies Rules, 1988, wherein any foreign service term can only be for a period of one year upto a maximum period of three years. Therefore, there is no illegality in the order of the first respondent intimating or curtailing the foreign service terms. If the petitioner is not inclined to join in the new Society, then the only option provided is that she will have no post, because in the parent Society, there is no requirement for the petitioner's employment. Instead of utilizing the opportunity given by the first respondent, the petitioner, without any legal basis, has filed the present Writ Petition. Hence, there is no case made out to entertain the present Writ Petition and the same stands dismissed accordingly. Consequently, the connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar(C.S) To 1.The Joint Registrar of Co-operative Societies, Kanniyakumari Region, Office of the Joint Registrar Co-operative Societies, Nagarkovil Post, Kanniyakumari District. 2.The Special Officer, Moonchirai Co-operative Primary Agricultural Rural Development Bank, Nagarkovil Post, Kanniyakumari District. SML Order made in W.P.(MD)No.2584 of 2011. Dated:- 17.11.2011 TR : 01.12.2011: 2p/3c https://hcservices.ecourts.gov.in/hcservices/