MOHANDAS M K Vs. STATE OF KERALA

JUDGEMENT

(1.) Are mutual transfers permissible between two different District Co-operative Banks This is the question that arises for determination in these writ petitions. Both these writ petitions challenge the transfer granted mutually to an employee of the Kottayam District Co-operative Bank Ltd and an employee of the Kollam District Co-operative Bank Ltd. The proceedings are attacked as unsustainable in law and liable to be set aside. The service regulations that permit such transfer are also assailed as being violative of the provisions of the Kerala Co-operative Societies Act, 1969 ('the Act' for short) and the Rules thereunder. Since the issues that arise for consideration are common, these writ petitions are considered and disposed of by this common judgment. The short facts necessary for the purpose are summarised hereunder.

(2.) The petitioner in WP(C) No. 22352 of 2010 is working as a Junior Accountant in the third respondent Bank, viz, the Kottayam District Co-operative Bank Ltd. He joined service as a Clerk/Cashier on 14.7.1995. He was sanctioned the grade of a Junior Accountant on 17.4.2005 and was promoted to the post on 22.12.2007.

(3.) The fourth respondent Sri Joy Joseph, had joined service as a Clerk/Cashier in the Kollam District Co-operative Bank only on 21.2.2001 that is, six years after the appointment of the petitioner. However, he was promoted as a Junior Accountant on 7.3.2005 and as a Senior Accountant on 12.2.2009.