IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 WA.No. 2547 of 2009() [IN WPC.29903/2009 OF THIS COURT} .................... APPELLANT(S): PETITIIONER IN THE WPC: ------------------------------------- P.V.USHAKUMARY, CHIEF ACCOUNTANT, MATHRA SERVICE CO-OPERATIVE BANK LTD. NO.314, MATHRA P.O., PUNALUR VIA, KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENT(S): RESPONDENTS IN WPC: ---------------------------------- 1. THE JOINT REGISTRAR (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM. 2. THE ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, PUNALUR. 3. THE PRESIDENT, MATHRA SERVICE CO-OPERATIVE BANK LTD. NO.314, MATHRA P.O., PUNALUR. 4. MATHRA SERVICE CO-OPERATIVE BANK LTD., NO.314, REPRESENTED BY THE MANAGER (H.O.) MATHRA P.O., PUNALUR. 5. SMT.V.K.PADMAKUMARI, BRANCH MANAGER, NOW WORKING IN HEAD OFFICE AT MATHRA SERVICE CO-OPERATIVE BANK LTD. NO.314, MATHRA P.O., PUNALUR. WA.No. 2547 of 2009 :: 2 :: 6. SRI.S.PALANINATHA PILLAI, PRESENTLY WORKING AS MANAGER H.O., MATHRA SERVICE CO-OPEATIVE BANK LTD. NO.314, MATHRA P.O., PUNALUR. R1 & R2 BY GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2009, ALONG WITH WPC NO. 29903 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.A.No.2547 of 2009 & W.P.(C)No.29903 of 2009 ---------------------------------------- Dated this the 18th day of November, 2009 JUDGMENT Kurian Joseph, J. This writ appeal is filed aggrieved by the interim order dated 11.11.2009 in the writ petition. As per the said order, the learned single Judge declined to grant the interim relief staying the transfer of the writ petitioner. According to the petitioner, it is not only a transfer simplicitor, but it amounts to reversion in effect. 2. We do not think that this court will be justified in going into the service matters in a co- operative society, at any rate, at the first instance and more so, when the writ petitioner herself has invoked the supervisory jurisdiction of the Registrar of Co-operative Societies. We have hence directed the writ petition to be posted along with this writ appeal. 3. The writ petition is filed seeking the following prayers: (i) To issue a writ of certiorari or any other writ or order or direction calling for the W.A.No.2547 of 2009 & W.P.(C)No.29903 of 2009 :: 2 :: records up to Exhibit 8 and quash Exhibit P1 and P4. (ii) To issue a declaration as follows: (a) that the transfer of the petitioner and the 5th respondent by Exhibit P1 are patently illegal, violative of the rules and principles of natural justice and issued without any notice. (b) that Exhibit P1 transfer in respect of the petitioner is amounting to reversion without notice. (iii) To issue a writ of mandamus or other writ or order directing the respondents 1 to 4 to allow the petitioner to continue as Chief Accountant in the head office notwithstanding Exhibit P1 and also to direct the respondent 1 to 4 to promote her as the Manager at Head Office at the 4th respondent Bank, with retrospectively effect from May 2001 with all consequential benefits including arrears of salary with 12% interest. (iv) To direct the respondents 3 and 4 to sanction the Half Pay Leave applied for by the petitioner from 12.10.2009 to 31.10.2009. 4. We find that Exts.P5 and P8 representations are pending before the 1st respondent. There will be a direction to the 1st respondent to consider Exts.P5 and P8, with notice to the petitioner and respondents 3 to 6 and pass appropriate orders, in accordance with law, within a period of three weeks W.A.No.2547 of 2009 & W.P.(C)No.29903 of 2009 :: 3 :: from the date of production of a copy of this judgment, along with a copy of the writ petition. It is made clear that in case the writ petitioner has applied for leave, till orders are passed by the 1st respondent as above, she shall be allowed to continue on leave, subject to her eligibility. We make it clear that we have not adverted to the merits of the contentions taken up by the parties and all contentions are left open. Writ appeal and the writ petition are disposed of as above. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- //true copy//