This writ petition has been filed by the petitioners to quash the orders of the first respondent dated 20.03.2009, confirming the orders of the third respondent dated 30.10.2008, wherein the petitioners were transferred with an advise to join in the service of various Primary Agricultural Co- operative Societies.
2. The grievance of the petitioners is that they were all employees of Pudukottai Co-operative Press Limited and served in the said Press from 1974, 1975, 1983, 1984, 1985, 1987 and 1990 as Machineman, Foreman, Binding Foreman, Binder, Machine Foreman, Compositor, Clerk and Clerk/Store Keeper respectively. Since there was no work in the Trichy Branch, unable to pay salary to the employees, the second respondent decided to transfer the petitioners to Ration Shops in Trichy Region and accordingly, they were issued with separate orders dated 30.10.2008.
3. Challenging the same, the petitioners have filed revision petitions under Section 153(1) of the Tamil Nadu Co-operative Societies Act, 1983 before the first respondent. By orders dated 20.03.2009, the first respondent dismissed the revision petitions filed by the petitioners. Since the petitioners have failed to obey the order of the transfer, the third respondent issued internal enquiry notice dated 17.04.2009 for initiating disciplinary proceedings against the petitioners for non-joining of duty.
4. According to the petitioners, they have been working in the second respondent Press in various positions and the nature of works entrusted to them in the Press are different in nature. The nature of work in the Ration Shop is totally different and the petitioners do not have any experience in handling such type of work. The main grievance of the petitioners is that before passing the transfer order, no opportunity was given to them. The petitioners were posted in various villages in Trichy District situated nearly 40 to 50 kms from Trichy City.
5. According to petitioners, they have obtained information under Right to Information Act qua vacancy position in Lalgudi Taluk. As per the information furnished by the Deputy Registrar of Co-operative Societies, Lalgudi, there are 11 vacancies in the cadre of Watchman, 19 vacancies in the cadre of Salesman and 18 vacancies of last grade servants in Pudukottai Region and the petitioners are willing to work as last grade servants i.e., Watchman, in Co-operative Bank. There are also two vacancies in Trichirapalli Co-operative Press and the petitioners are eligible to be appointed in the above said vacancies.
6. No counter affidavit has been filed by the contesting respondent. The learned Government Advocate reiterated the reasons that weighed with the respondent authorities in passing the impugned orders and prayed for dismissal of the writ petition.
7. I heard Mr.S.Muthukrishnan, learned counsel for the petitioner and Mr.K.Guru, learned Government Advocate appearing for the first respondent. Perused the materials available on record. No representation on behalf of the respondents 2 and 3.
8. It appears that since there was no work in the second respondent Press, it has been decided to transfer the workers viz., the petitioners, to some other establishments.
9. It is not in dispute that transfer is a matter of administrative exigency and Courts normally do not interfere with such orders of transfer. However, in the case on hand, a reading of the information obtained under the provisions of Right to Information Act categorically shows that there are vacancies existing within the District of Trichy in various Primary Agricultural Co-operative Societies.
10. It is not the case of the respondents that the petitioners are ineligible to be considered to such vacancies. Without the case of the petitioners being considered for the existing vacancies within the District of Trichy, the respondents all of a sudden transferred them to far off places over and above 40 to 50 kms. That apart, the nature of work now allocated to the petitioners in ration jobs is nowhere related to the work already discharged by them for 20 years in the Press. The petitioners cannot be put to undue hardship, they having worked for over 20 years in the Press.
11. When there are vacancies within the District and when the petitioners are found not ineligible, this Court is unable to comprehend as to the reasons that weighed with the respondents in transferring them to far away places.
12. Be that as it may, it is not in dispute that there are vacancies existing within the Trichy District in various Primary Agricultural Co- operative Societies. Therefore, non-consideration of the petitioners for filling of such vacancies necessitates this Court to interfere with such orders passed by the authorities, though not on merits.
13. In such circumstances, without expressing any opinion on the merits of the orders passed by the authorities and taking into consideration the sole fact that vacancies exist within the District, this Court passes the order infra.
14. In the result:
(a) the writ petition is allowed and the impugned orders even dated 20.03.2009 are set aside;
(b) the respondents are directed to permit the petitioners 1 to 10 to work in the existing vacancies available in the Primary Agricultural Co- operative Societies in Trichy District as the last grade servants (in respect of petitioners 1 to 8) and as Clerk (in respect of petitioners 9 and 10);
(c) the said exercise shall be undertaken within a period of eight weeks from the date of receipt of a copy of this order. No costs.
To
1.The Joint Registrar of Co-operative Societies, Pudukottai.
2.Pudukottai Co-operative Press, Pudukottai, rep. By its Special Officer, Pudukottai Co-opeative Press, Pudukottai.
3.The Special Officer, Disciplinary Proceedings, Pudukottai Co-operative Press, Pudukottai.
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