IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 WP(C).No. 16741 of 2010(P) ---------------------------------------- PETITIONER(S): ------------------------- MOHANDAS.M.K, JUNIOR ACCOUNTANT, KOTTAYAM DISTRICT CO-OPERATIVE BANK, HEAD OFFICE, KOTTAYAM. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LIMITED, DISTRICT CO-OPERATIVE BANK BUILDINGS, KOTTAYAM-686 001, REPRESENTED BY ITS GENERAL MANAGER. 4. JOY JOSEPH, SENIOR ACCOUNTANT, THE KOLLAM DISTRICT CO-OPERATIVE BANK LIMITED, HEAD OFFICE, KOLLAM. R1 & R2 BY SR. GOVERNMENT PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.16741 of 2010 ------------------------------------------- Dated this the 1st day of June, 2010 JUDGMENT The petitioner is a Junior Accountant in the District Co-operative Bank, Kottayam, the third respondent herein. The third respondent has passed Ext.P6 resolution on 30.4.2010 permitting mutual transfer among Smt.Tency Scaria who is one of its own employees and Sri.Joy Joseph, the 4th respondent, who is an employee of the Kollam District Co-operative Bank. As per Ext.P6, the 4th respondent has been permitted to join the services of the third respondent bank as the junior most Senior Accountant. According to the petitioner, the 4th respondent is a person who has joined the services of the said bank only in the year 2001, but, who has had the advantage of getting promotions at a faster pace than the petitioner. Therefore, permitting the 4th respondent to join duty as a Senior Accountant would prejudicially affect the future prospects of the petitioner who is still a Junior Accountant though he has joined the services of the bank wpc No.16741/2010 2 in the year 1995. 2. The petitioner also assails Ext.P4 resolution on the ground that it is in violation of Exts.P1, P2 and Ext.P4, the Government orders applicable to inter-bank transfers. According to the petitioner, a mutual transfer as contemplated by Ext.P6 is not permissible. Therefore, the petitioner has submitted Ext.P9 before the second respondent. However, no orders have been passed thereon till date. 3. In view of the fact that the grievances of the petitioner as set out in Ext.P9 is engaging the attention of the second respondent, I do not propose to consider the merits of the contentions that are urged before me. It is sufficient that the second respondent is directed to consider and pass orders on Ext.P9, expeditiously. The petitioner shall also be free to move the second respondent for appropriate interim orders to keep in abeyance the implementation of Ext.P6 resolution until final orders are passed on Ext.P9. 4. In the above circumstances, this Writ Petition is disposed of directing the second respondent to consider wpc No.16741/2010 3 the grievances of the petitioner set out in Ext.P9 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. The petitioner is also free to move the second respondent for necessary interim orders for keeping in abeyance the implementation of Ext.P6 resolution, until final orders are passed on Ext.P9. The second respondent shall pass such interim orders also, expeditiously, if the petitioner makes an application for the above purpose. K.SURENDRA MOHAN, JUDGE css/