1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.7472 of 2011 And M.P.(MD).No. 1 of 2011 R.Gomathi ... Petitioner -Vs- 1. The Joint Registrar, Co-operative Societies, Virudhunagar, Virudhunagar District. 2. The Deputy Registrar of Co-operative Societies, O/o. Deputy Registrar of Co-operative Societies, Srivilliputhur, (Backside of Sri Andar Kovil Srivilliputhur) Virudhunagar District. 3. The Special Officer, Q. 785, Watrap Co-operative Rural Bank Ltd., Watrap, Srivilliputhur Taluk, Virudhunagar District - 626 132. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus calling for the records pertaining to order Na.Ka.No. 1213 / 2011 Tho.Va.Sa. dated 07.06.2011 of the second respondent and quash the same as illegal and to direct the second and third respondents to continue the petitioner as computer operator in the third respondent society as usual. For Petitioner : Mr. F.X.Eugene For Respondents : Mr.B.Pugalenthi Special Government Pleader O R D E R Challenging the order dated 07.06.2011 of the Deputy Registrar of Co-operative Societies, Srivilliputhur, Virudhunagar District, the second respondent herein rejecting the request of the petitioner, for retention as computer operator in the third respondent society. 2. It is the case of the petitioner that she was appointed as Computer Operator in the third respondent Co-operative Society Q.785, Watrap Rural Bank Ltd., on 01.04.2007 and paid a sum of Rs.3,000/- as consolidated pay. According to her, she was also given periodical increments and that she was doing the work of Computer Operator along with other staff. It is the further contention of the petitioner that when bonus was given during festival time to other staff, the petitioner was denied the same and being not satisfied with her demand on 31.03.2011, the Special Officer, Q. 785, Watrap Co-operative Rural Bank https://hcservices.ecourts.gov.in/hcservices/ 2 Ltd., Watrap, Srivilliputhur Taluk, Virudhunagar District, the third respondent herein, orally informed the petitioner on 01.04.2011, not to come to the society and in the above said manner, she has been terminated from service. According to the petitioner, the termination was illegal and therefore, she made a representation dated 20.04.2011 to the Deputy Registrar of Co-operative Societies, Srivilliputhur, Virudhunagar District, the second respondent herein for retention in service. The said representation was rejected on the ground that the appointment of the petitioner was only temporary on a consolidated pay. 3. On the above said pleadings, Mr. F.X.Eugene, learned counsel appearing for the petitioner submitted that before terminating the service of the petitioner, no opportunity was given and hence, there is a violation of principles of natural justice. It is his further contention that the petitioner had been working from 01.04.2007 to 31.03.2011 continuously for more than 4 years and therefore, she has a right to seek for retention. It is his further submission that the Society is having an annual turn over of more than Rs.37 Crores and profit of Rs.21 lakhs during the year 2009-2010 and therefore, the continuation of the petitioner in the post of computer operator would not cause any prejudice. 4. Mr.B.Pugalenthi, learned Special Government Pleader, who took notice for the respondents 1 & 2 and submitted that the Writ petition itself is not maintainable in view of the Full Bench decision of this Court in Marappan K. v. The Deputy Registrar of Co-operative Societies, Namakkal, reported in [2006(4) CTC 689]. 5. Heard the parties and perused the materials available on record. 6. At the foremost, though a contention of violation of principles of natural justice is raised, the same can be agitated before the Forum constituted under the Tamil Nadu Co-operative Societies Act 1998. Further a Full Bench decision o this Court made in Marappan K. v. The Deputy Registrar of Co-operative Societies, Namakkal, reported in [2006 (4) CTC 689] has held that Writ Petition is not maintainable in law. 7. Perusal of the impugned order also shows that the petitioner was appointed purely on temporary basis as a computer operator in the third respondent society when there was a need. As the staff of the third respondent society have now learnt to operate computers, the temporary arrangement made by the third respondent society has been discontinued on the ground that there is no need to continue the petitioner, besides the post of computer operator is also not included in the cadre strength of the third respondent society. 8. In the above said circumstance, though the third respondent has stated to have the annual turn over of more than Rs.37 Crores and profit of Rs.21 lakhs during the year 2009-2010, it is not obligatory on the part of the third respondent to engage the petitioner as computer operator, particularly when the staff of the society themselves have now started operating computers. As there is no specific post of Computer operator in the third respondent society, the petitioner has no legal or statutory right to insist that she should be retained. https://hcservices.ecourts.gov.in/hcservices/ 3 9. In view of the reasons stated supra, this Court is of the view that the petitioner has not made out any case for issuance of a Writ of Mandamus as prayed for. Accordingly, the Writ petition is dismissed. Consequently, connected M.P.(MD).No. 1 of 2011 is also dismissed. Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar To 1. The Joint Registrar, Co-operative Societies, Virudhunagar, Virudhunagar District. 2. The Deputy Registrar of Co-operative Societies, O/o. Deputy Registrar of Co-operative Societies, Srivilliputhur, (Backside of Sri Andar Kovil Srivilliputhur) Virudhunagar District. 3. The Special Officer, Q. 785, Watrap Co-operative Rural Bank Ltd., Watrap, Srivilliputhur Taluk, Virudhunagar District - 626 132. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.21989 +1CC TO MR.F.X.EUGENE, ADVOCATE, SR.21806 Vsg SR : 18.07.2011 : 3p/6c W.P.(MD).No.7472 of 2011 and MP(MD) No.1 of 2011 06.07.2011 https://hcservices.ecourts.gov.in/hcservices/