K THANGARAJAN Vs. K PALANISAMY

JUDGEMENT

(1.) THE present appeals have been filed on behalf of Madurai District Co-operative Milk Producers Union Ltd., against the common order dated 24.1.2008 passed by the learned single Judge in W.P.Nos.10342 & 10343 of 2007, whereunder the learned single Judge has allowed the writ petitions and quashed the orders of transfer in respect of two writ petitioners (present Respondent No.1 in each of the appeal).

(2.) THE two writ petitioners in question were working as Selection Grade Senior Assistants under the Madurai District Co-operative Milk Producers Union Ltd., Sathamangalam, Madurai. On the transfer of the General Manager of the Madurai District Co-operative Milk Producers Union Ltd., the present appellant was posted as General Manager Incharge. By proceedings in Na.Ka.No.3200/PA.KU.2/07 dated 6.12.2007, he transferred the two writ petitioners to THEni Milk Chilling Unit. Such transfer orders came to be challenged in the two writ petitions solely on the ground that the General Manager Incharge had no power to transfer because as per the service rules the General Manager had got such power to transfer. THE writ petitioners relied upon the judgment reported in 1997 WRIT L.R. 33 (C. BASKARAN v. THE DISTRICT COLLECTOR, TRICHY AND ANOTHER) to buttress the contention to the above effect. THE learned single Judge by extracting para 4 of the aforesaid decision, came to the conclusion that an Incharge Officer cannot transfer any employee.

(3.) EVEN though the District Collector was made as a party in the writ petitions, we find that no order passed by the District Collector was in question in the two writ petitions nor there was any relief real or imaginary claimed against the District Collector. Therefore, inclusion of the District Collector as a respondent would not make the writ petitions maintainable, if essentially the writ petitions are directed against a co-operative society.