IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 WP(C).No. 33877 of 2005(G) -------------------------------------- PETITIONER: ------------------- T. MANGALA BAI, W/O. SREENARAYANADAS, JUNIOR ACCOUNTANT, ALAPPUZHA DISTRICT CO-OPERATIVE BANK, HARIPAD BRANCH, ALAPPUZHA. BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.T.K.SREENARAYANA DAS RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE ALAPPUZHA DISTRICT CO-OPERATIVE BANK, ALAPPUZHA, REP. BY ITS GENERAL MANAGER. 4. N. HARIDASAN, JUNIOR ACCOUNTS ALAPPUZHA DISTRICT CO-OPERTIVE BANK, PULIMKUNNU BRANCH, PULIMKUNNU, ALAPPUZHA DISTRICT. ADDL. RESPONDENTS IMPLEADED R5 TO R11 5. USHAKUMARI C.R., JUNIOR ACCOUNTANT, ALAPPUZHA DISTRICT CO- OPERATIVE BANK LTD., ALAPPUZHA. 6. VIJAYADHARAN D., JUNIOR ACCOUNTANT, ALAPPUZHA DISTRICT CO- OPERATIVE BANK LTD., ALAPPUZHA. W.P.(C) NO.33877/2005 7. AJITH G. JUNIOR ACCOUNTANT, ALAPPUZHA DISTRICT CO- OPERATIVE BANK LTD., ALAPPUZHA. 8. CHANDRA BABU K.N., JUNIOR ACCOUNTANT, ALAPPUZHA DISTRICT CO- OPERATIVE BANK LTD., ALAPPUZHA. 9. RISHIKESAN NARI.C.G., JUNIOR ACCOUNTANT, ALAPPUZHA DISTRICT CO- OPERATIVE BANK LTD., ALAPPUZHA. 10. PADMA S., JUNIOR ACCOUNTANT, ALAPPUZHA DISTRICT CO- OPERATIVE BANK, ALAPPUZHA. 11. VIJAYAN K.R., JUNIOR ACCOUNTANT, ALAPPUZHA DISTRICT CO- OPERATIVE BANK LTD., ALAPPUZHA. ARE IMPLEADED AS PER ORDER DT. 27.11.07 IN IA. 14844/07. BY ADV. SRI.V.G.ARUN R4 BY ADV. SRI.P.C.SASIDHARAN SRI.NISHIL.P.S. R5 TO R11 BY ADV. SRI.P.K.VIJAYAMOHANAN R1 & R2 BY SR.GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.33877/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE APPLICATION DT. 25.4.2000 APPLIED BY THE PETITIONER FOR TRANSFER TO THE 3RD RESPONDENT BANK. EXT.P1(a):- COPY OF THE LETTETR DT. 21.6.2000 SENT BY THE 3RD RESPONDENT TO THE PATHANAMTHITTA DISTRICT CO- OPERATIVE BANK. EXT.P2:- COPY OF THE LETTER DT. 27.6.2000 SENT BY THE 3RD RESPONDENT TO THE PATHANAMTHITTA DISTRICT CO- OPERATIVE BANK. EXT.P3:- COPY OF THE PETITION DT. 31.1.2002 FILED BY the 4TH RESPONDENT BEFORE THE JOINT REGISTRAR OF CO- OPERTIVE SOCIETIES, ALAPPUZHA. EXT.P4:- COPY OF THE OBJECTION DT. 3.8.2004 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5:- COPY OF THE ORDER DT. 8.9.2004 ISSUED BY THE 2ND RESPONDENT. EXT.P6:- COPY OF THE ORDER DT. 19.10.2005 ISSUED BY THE IST RESPONDENT. RESPONDENT'S EXHIBITS EXT.R4(a):- COPY OF THE PROCEEDINGS ISSUED BY THE JOINT REGISTRAR , DT. 16.10.2002. /TRUE COPY/ P.A. TO JUDGE tss. Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.33877 of 2005 ================================== Dated this the 19th day of February, 2008. JUDGMENT Petitioner and respondents 4 to 11 are employees of the third respondent Alappuzha District Co-operative Bank, hereinafter referred to as the “Alappuzha Bank”. Petitioner was initially employed with the Pathanamthitta District Co- operative Bank, hereinafter referred to as the “Pathanamthitta Bank”. She entered that service as a Clerk on 25-3-1991. While working in that category, she applied for an inter district co- operative bank transfer, which is permissible under the governing regulations. One of the conditions of such transfer is that she would enter the service of the Alappuzha Bank as the juniormost in the category. By the time the transferor and the transferee bank arrived at a consensus to accept the request of the petitioner for transfer, she had WPC33877/2005 -:2:- become a Junior Accountant in the Pathanamthitta Bank. The aforesaid facts would show that the request of the petitioner was for transfer from the Pathanamthitta Bank to the Alappuzha Bank while she was working in the category of Clerk, though she became a Junior Accountant by the time the transfer was effected. Even if two managements decide on the request of an incumbent for transfer, it is impermissible to let such transfer affect the persons who are already in service, at least the persons who had entered the service of the bank to which a request transferee is moved. 2. As on 1-7-2000, the date of occurrence of a vacancy of Junior Accountant in the Alappuzha Bank, the fourth respondent, though qualified, was denied promotion on account of the transfer of the petitioner from Pathanamthitta Bank. The fourth respondent was entitled, in terms of Rule 185(1) of the Kerala Co-operative Societies Rules, 1969, WPC33877/2005 -:3:- hereinafter referred to as the “Rules”, for promotion to that post. That statutory entitlement to promotion was forked by the decision of the Alappuzha branch to place the petitioner in that vacancy. This led to disputes, whereby the fourth respondent carried a complaint to the Registrar about the inter se seniority between the petitioner and the fourth respondent. His claim has been upheld by the Registrar and thereafter by the Government, rejecting the petitioner's appeal. 3. At the outset, it has to be noticed that the transfer of the petitioner from the Pathanamthitta Bank and the disputes between the parties as to seniority could be a matter for arbitration and this Court could have relegated the parties to that course. However, in view of the questions raised, as to the legal rights of parties emanating out of such transfer, I deem it appropriate to consider the case in exercise of WPC33877/2005 -:4:- writ jurisdiction. 4. Having regard to the fact that the petitioner was a member in the service of the Pathanamthitta Bank and later transferred to the Alappuzha Bank, she cannot aspire for promotion on any date earlier to her date of entry in the Pathanamthitta Bank as a Clerk. Ends of justice require that she can be treated as one who entered the service of the Alappuzha Bank as on that day since it is submitted on all sides that such placement would not adversely affect the right of any person already in the service of the Alappuzha Bank, to claim for appropriate promotion. 5. In the result, the impugned orders are modified and it is declared that the date of entry of the petitioner in the service of the Pathanamthitta Bank will be treated as her date of entry in the service of the Alappuzha Bank and she WPC33877/2005 -:5:- would be treated as having entered that service as Clerk and based on this declaration, the allotment of vacancy of 1.7.2000 shall be dealt with. Writ petition is disposed of in the above terms. Thottathil B.Radhakrishnan, Judge. sl.