- (1.) THIS Rule is directed against an order dated 16th September, 1978 passed by the Secretary, South Eastern railway Employees' Co-operative Credit Society limited (A society registered under the Co-operative Societies act ).
(2.) THE petitioner is one of the senior clerks employed in the said society at its Calcutta Office alt circular, Garden Reach Road, Calcutta. By an order 28. 10. 74 (the petitioner was promoted to officiate sis sub-head. In the said order, it is stated, that the said pro motion was on stop-gap measure and the incumbent. would have no claim for continuing on or for further promotion. Two years before, in the year 1972, the society decided to decentralise and to shift a portion of its work of keeping accounts to its branch office at Kharagpur in respect of its members at kharagpur. As a result of such decision, it became necessary to transfer some of it's employees to the said branch office at Kharagpur. By a notice dated November 26, 1975 issued by the respondent No. 12 it was stated that only seniormost1 clerks of the Society would be promoted on transfer to kharagpur Office as a regular promotion. It was further stated that those who did not volunteer to accept the said promotion on transfer they would not get the seniority of sub-heads. The petitioner, however, did not exercise his option in favour of such promotion on transfer. As a result, the clerical staff who exercised their option for transfer to Kharagpur office on promotion as sub-heads, automatically, became senior to I the petitioner. Sub,seqjuently, a promotion post of sub-head became available. The petitioner, being eligible for promotion to the post of sub-head, (the impugned order of transfer on promotion was passed "by the Secretary to the Society The petitioner being aggrieved, moved this court under Art. 226 of the Constitution and obtained the present Rule.
(3.) A preliminary objection was raised on behalf of the respondent that no writ lies against a co-operative society or its officers. Mr. Ghose, appearing for the petitioner contended that in view of incorporation of new S. 8 in west Bengal Co-operative Societies act. 1973 the Secretary to the Co-operative Society and other office bearers are "public servants" within the meaning of, S. 21 of the Indian Penai Code and as such the officers of the Co-operative Societies are required to perform statutory duties. The secretary is an "officer" of the Society in terms of subs (l) of S. 2 of the Act. According to mr. Ghose, a writ of Mandamus is available to the petitioner against an order passed by an officer of the Co operative Society.;