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HC directs J&K Bank to not prejudice promoted cadre banking associates for alleviation as assistant managers

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January 17, 2024
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‘Call them for interview along with candidates shortlisted through written examination via fast-track/merit channel’

Srinagar: The High Court on Tuesday directed the Jammu and Kashmir Bank to call to interview the promoted cadre banking associates for alleviation as assistant managers along with the candidates shortlisted through written examination via fast-track/merit channel.

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Acting on a writ petition by Javeed Ahmad Sheikh and others, Justice Rahul Bharti observed a “prima facie case is made out” and directed the issue of notice to the respondent bank.

Younis Hamid, appearing vice Shafqat Nazir, accepted notice on behalf of the respondent bank. The court directed the concerned authorities to file a reply on or before the next date of hearing listed on February 28.

“In the meantime, the respondent no. 1 is directed to call the petitioners for an interview along-with the candidates who have been shortlisted for the interview in terms of notification dated January 11, 2024. The outcome of the interview process undertaken in terms of notification dated January 11, 2024, shall not be declared till the next date of hearing. This order is, however, subject to objections from the other side,” directed the court.

Jammu & Kashmir Bank Ltd has given to itself a “Policy for Promotion of Workmen (banking associates, assistants, banking associates and banking attendants)”, which came to be approved on 13.07.2022. It is in terms of this policy that the bank deals with the cadre of banking associates, banking assistants and banking attendants for the purpose of recruitment and promotion.

The petitioners herein are the banking associates who came to attain the said status on account of their promotion from the subordinate cadre/category — banking associates serving in J&K Bank fall in two categories. One is of banking associates who are directly appointed after qualifying IBPS examination, and other is that of promotees from the subordinate cadre.

For the purpose of their next promotion/alleviation to become assistant manager (JMGS-I) officers, 80 percent is to be done through promotion from the banking associates cadre, whereas 20 percent is by direct recruitment.

With respect to 80 percent of promotion of banking associates to the post of assistant manager (JMGS-I), the policy envisages and recognizes two channels: one channel on the basis of seniority cum selectivity channel and the other one is fast-track/merit channel as is envisaged under Clause 4.1 of the policy.

Under this seniority cum selectivity channel, there is further classification obtaining with respect to the banking associates. The banking associates who are appointed after qualifying IBPS examination possessing seven years of regular service as such on 31st March of the preceding financial year are eligible for promotion to JMGS-I.

The banking associates who have come to be so appointed on the basis of promotion from subordinate cadre and have completed seven years of service as such are mandatorily required to go through an eligibility screening written test (objective type) for participation for the promotion under seniority cum selectivity channel. It is where the petitioners figure.

The problem that has brought the petitioners before the court through the medium of this writ petition is that instead of according them an eligibility screening written test (objective type), the petitioners have been clubbed with category two of under fast-track/merit channel candidates and subjected to bear written examination, which in terms of the policy intent, is meant to be only for the banking associates who have completed three years of regular service and are willing to take chance for proving their merit for the purpose of promotion by undertaking the written examination in a promotion process envisaged for the said category.

Since the petitioners reckon that they have been prejudiced by being subjected to a written examination meant for fast-track/merit channel, as such, the petitioners do not find themselves qualifying the said rigorous written examination and, as such, are left out of list of candidates who have been called for interview in terms of notification dated January 11, 2024, which has come to be issued post-filing of the present writ petition by the petitioners.

Azhar-ul-Amin, counsel for the petitioners, said that the petitioners are staring at loss of a promotion opportunity in their favour having completed seven years of service as banking associates. They are not getting a call for consideration by reference to an alleged disqualification having not made it through the written examination which was meant for fast-track/merit channel, he said.

 

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