K. Surendra Mohan, J.

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.

4. While so, the 6th respondent, Smt. Tensy Scaria and Sri Joy Joseph submitted a joint application for mutual transfer among themselves. The request was considered by the Board of Directors of the Kottayam District Co-operative Bank and a resolution was passed to the effect that the Bank does not have any objection to the mutual transfer and also resolved to post the 4th respondent, Sri Joy Joseph as the junior-most Senior Accountant in the Bank. Since the transfer and posting could be permitted only with the consent of the Registrar of Co-operative Societies, such consent was also sought for. The Board of Directors of the Kollam District Co-operative Bank also resolved to permit the transfer that was sought for. In the above circumstances, the petitioner in WP(C) No. 22352 of 2010 filed WP(C) No. 16741 of 2010, challenging the resolution of the Kottayam District Co-operative Bank. The writ petition was disposed of by this court as per judgment dated 1.6.2010, Ext. P10 in WP(C) No. 22352 of 2010, directing the Registrar of Co-operative Societies to consider the grievance of the petitioner also while passing orders in the matter. Pursuant to Ext. P10 judgment, the matter was considered by the Registrar and Ext. P12 order has been passed, which is the order under challenge in both these writ petitions. A copy of the said order has been produced in WP(C) No. 22888 of 2010 also, marked as Ext. P1. Pursuant to the impugned order, Smt. Tensy Scaria and Sri Joy Joseph have been relieved, but they have not been able to join duty in the respective posts to which they have been transferred, because an interim order of "status quo" issued by this Court is in force. Therefore, it is submitted that a break in service would be the consequence, unless appropriate orders regarding the manner in which their period of absence is to be treated, are issued in these proceedings.

5. The petitioners in WP(C) No. 22888 of 2010 are also persons who are working as Junior Accountants in the Kottayam District Co operative Bank Ltd. They too claim to be persons who were recruited along with Smt. Tensy Scaria and Sri Joy Joseph. However, the said persons have been promoted over them. In the above writ petition also', identical contentions as in the other writ petition are raised. For the sake of convenience, the documents are referred to hereinafter, in the order in which they are marked as exhibits in WP(C) No. 22352 of 2010, unless specifically referred to otherwise.

6. Separate counter affidavits have