IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 29959 of 2009(L) -------------------------- PETITIONER(S): --------------- M.J.SEBASTIAN, NAVAMKULANGARAYIL, THALAYOLAPARAMB P.O., SENIOR CLERK, KOTTAYAM, CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. BY ADV. SRI.D.SOMASUNDARAM RESPONDENT(S): --------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM. 2. KOTTAYAM PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.K. 48, REPRESENTED BY ITS SECRETARY. 3. VAIKOM PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.K.951, REPRESENTED BY ITS SECRETARY. ADV. SRI.P.RAMAKRISHNAN FOR R3 SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM ADV.V.G.ARUN, SC ADV.HARIKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 29959 of 2009 ================== Dated this the 14th day of December, 2009 J U D G M E N T The Registrar of Co-operative Societies approved a scheme for bifurcation of assets and liabilities between the 2nd respondent- Kottayam Primary Co-operative Agricultural and Rural Development Bank Ltd. and the 3rd respondent-Vaikom Primary Co-operative Agricultural and Rural Development Bank Ltd. when the 2nd respondent was bifurcated into two as 2nd and 3rd respondents. In accordance with the same, the employees are given option to continue in service in either of the two banks. The petitioner has exercised his option to join the 3rd respondent bank. The petitioner's grievance is that the 1st respondent is not allowing the petitioner's option although Exts.P1, P3 and P5 requests have been made in that regard, of which, Ext.P5 is the request made by the 2nd respondent bank itself. The petitioner, therefore, seeks the following reliefs: “I. Writ of mandamus or any other appropriate writ order or direction directing the 1st respondent to consider Exhibit P1, P3, P5 and accord sanction for the petitioner's option for transfer to the service of the 3rd respondent as per the scheme approved by the respondents 2 and 3 regarding bifurcation of assets and liabilities. II. Declare that as per the scheme made under Section 14 of the Kerala Co-operative Societies Act the 3rd respondent is bound to accept the 2nd respondent's request to accept the service of the petitioner. III. Writ of mandamus or appropriate writ direction or order directing the 3rd respondent to accept the petitioner's option for joining its w.p.c.29959/09 2 service and provide him suitable posting over the juniors whose service were accepted from the service of 2nd respondent.” 2. However, for the present, the petitioner would be satisfied with a direction to the 1st respondent to consider and pass orders on Exts.P1, P3 and P5 within a time frame. 3. I have heard the learned Government Pleader, the learned counsel appearing for the 2nd respondent and the learned counsel appearing for the 3rd respondent. 4. Having heard both sides, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Exts.P1, P3 and P5, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge