Excelsior Correspondent
Srinagar, July 29: The High Court has directed the J&K Bank to consider the IBPS Banking Associates (BAs) for promotion to the next post without subjecting them to a screening test.
Around 50 petitioners who are Banking Associates challenged the action of the bank inviting the eligible candidates for promotion under caption “Career progression of Banking Associates for the position of Assistant Manager Cadre”, by virtue of communication No. JKB/Rectt/2023- 792 dated 21.09.2023 inviting the Banking Associates fulfilling the criteria to be eligible for the Career Progression from Banking Associates to Assistant Manager (Cadre) and, accordingly to submit their respective willingness in the prescribed manner and thereupon to wait for the dates for online test of eligible candidates under Fasttrack and Screening Channel to be notified separately to be then followed by interview dates for promotion upon culmination of online test under Fast-track and Screening Channel.
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Justice Rahul Bharti allowed the plea and said the Bank under the Article 14 of the Constitution of India is found squarely violated in the present case which renders the action of the Bank illegal qua the petitioners.
Once clause 4.1(a) of the Policy, court said, has bestowed a class status to non IBPS Banking Associates in the context of their promotion progression in contrast to IBPS Banking Associates with seven plus years of service under Seniority cum Selectivity channel promotion and Banking Associates above three years of service under Fast Track/Merit channel promotion then by subjecting non IBPS Banking Associates to a common written test meant for Fast Track/Merit channel Banking Associates with three years plus service is nothing but treating unequals as equals which in every sense of understanding of facts of the case is violative of facets of Article 14 of the Constitution of India.
The court directed the 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 years plus of service for the purpose of their participation in the promotion process under the Seniority-cum-Selectivity Channel and thereupon consider the promotion of non-IBPS Banking Associates with seven 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.
The Court added that the Bank is acting against the very sensitivity of the Promotion Policy by losing sight and sense of the basis of clause 4.1(a) of the Policy in the context of non-IBPS Banking Associates with seven plus years of service aspiring for promotions under Seniority-cum-Selectivity Channel.
Justice Bharti recorded that the petitioners or for that matter all non-IBPS Banking Associates with seven plus years of service, came to suffer a double discrimination, one being tested on a different test not meant for them and other being to maximize the promotion of IBPS Banking Associates to the higher post thereby leaving non IBPS Banking Associates with seven plus years of service to stay non-promoted and keep on serving the Bank at the same level of their post without any progression just bidding time for their retirement to be self-weeded out without any promotion.
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