IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 643 of 2009(B) ------------------------ PETITIONER(S): --------------- KUMARI ASWATHY, SALESMAN, COIRFED SHOWROOM, CHARUMOOD, RESIDING AT CHAKKALAYIL DEEPIKA, THAMARAKULAM. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD NO 679, ALAPPUZHA. 2. THE SHOWROOM MANAGER COIR SHOWROOM, CHARUMOODU. 3. SUNIL, SYSTEM ANALYST NOW IN CHARGE OF MARKETING MANAGER ,KERALA STATE C-OPERATIVE COIR MARKETING FEDERATION LTD NO. 679,ALAPPUZHA. 4. RAHIM, SHOWROOM MANAGER COIRFED SHOWROOM, CHARUMOODU. R1, R2 BY ADV. SRI.K.S.HARIHARAPUTHRAN, SC, SRI.GEORGE MATHEW THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.643 OF 2009 ------------------------------------------- Dated this the 23rd day of January, 2009 JUDGMENT 1. The petitioner, who has various personal reasons in her request to continue in Charummood in Alappuzha district, stands accused in Exts.P2 and P4 memo of charges, on different grounds. But the allegations therein do not appear to be those which could ultimately invite a major penalty, going by any yardstick of service law. I say this without prejudice to disciplinary proceedings; only for appreciating the challenge made by her to the impugned transfer order, by which, she has been shifted from Charumoodu to Palghat. Her case is that as evidenced by Ext.P1, her husband requires her presence and attention and that she is being victimised by the impugned transfer. 2. As of now, I am not prepared to conclude that the transfer deserves to be set aside by any authority in exercise of any statutory or constitutional power. The respondent is an apex co-operative society. It is amenable to the jurisdiction under WPC.643/09 Page numbers Section 69 of the Kerala Co-operative Societies Act, 1969. It may not fall within the trappings of Article 12 of the Constitution. 3. Though Ext.P5 is apparently a transfer on account of the disciplinary proceedings and is not one which reflects to be one in the exigencies of service, it would be open for the Managing Director to consider the request of the petitioner for re-consideration of the order of transfer. But the petitioner is yet to make such a request to the Manging Director. Under such circumstances, it is directed that if the petitioner makes a representation for re-consideration of Ext.P5 transfer order, that would be considered by the first respondent Managing Director provided the petitioner has already joined Palghat. In such event, the Managing Director would consider the case of the petitioner sympathetically having regard to Ext.P1. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.