Srinagar: Holding the selection process of J&K Bank’s non-IBPS Banking Associates under the seniority-cum-selectivity channel as illegal and arbitrary, the High Court of J&K and Ladakh has directed the bank to conduct a fresh eligibility screening test.
Announcing the verdict concerning promotion of scores of non-IBPS Banking Associates, Justice Rahul Bharti held that the selection process under seniority-cum-selectivity channel as are the petitioners, conducted by bank as “illegal and arbitrary”.
The bench directed the J&K Bank “to consider conducting a fresh eligibility screening test (objective type) as envisaged by clause 4.1(a) of the policy with respect to non-IBPS Banking Associates with seven (7) years plus of service for the purpose of their participation in the promotion process under the seniority-cum-selectivity channel”.
The bench further directed the bank to consider the promotion of non-IBPS Banking Associates with seven (7) years plus service who are able to qualify the said written screening eligibility test by having 40%-35% marks for General/Reserved Category as the case may be.
Referring to the Article 14 of the Constitution of India, the bench said that it envisions and enshrines equality concept intensively, extensively and attentively.
Article 14 envisages fairness and equality in the matter of conduct by the State and its authorities, which the respondent bank has squarely violated in the case in hand, said the court.
It held that that the court cannot countenance with the expectation of the writ petitioners for a direction unto the respondent bank to afford promotion to them by dint of their seniority under seniority-cum-selectivity channel without going through the process of screening written text envisaged under clause 4.1(a) of the policy.
As for that the petitioners ought to have thrown a challenge to the requirement of screening written test (objective type) for the petitioners to suffer which is not the case, it said.
It referred to the Promotion Policy version 2.0 which came into picture upon its approval by the Board of Directors of the J&K Bank on July 13, 2022. The petitioners ought not to have waited for their appearance and purported failure in the common written test conducted under the new policy to come alive to a realization that they are not to be governed by the policy in currency but under the old policy governing the promotions, noted the bench.
It said that subjecting non-IBPS Banking Associates eligible for consideration under seniority-cum-selectivity promotion channel, to a qualifying written test not meant for them under the policy, is illegal, arbitrary and discriminatory.
It called up on the bank to consider the petitioners and similarly placed non-IBPS Banking Associates with seven plus years of service for promotion as per assessment envisaged under clause 5.2 of the promotion policy to the next post with or without subjecting them to a screening written test (objective type) at its discretion given the fact of number of available promotion posts more and the total number of Banking Associates, IBPS and non-IBPS, less.
The petitioners had been subjected uninformed to a promotion related test meant for another sub-class of employees contrary to the promotion policy.
Admitting a differential promotion test to the said two sub-classes has rendered them discriminated against and purportedly denied of promotion prospect under seniority cum selectivity channel, the court said.
The petitioners are Banking Associates on the regular establishment of the respondent bank. Their next level of promotion is Assistant Manager.
It is with respect to a screening test which came to be slapped upon the petitioners that left them aggrieved. Under the guise of a screening test, they came to be made to suffer a written test not meant for them.
