Excelsior Correspondent
JAMMU, Oct 10: High Court of Jammu & Kashmir and Ladakh has directed the Jammu and Kashmir Bank (JKB) to allow the eligible petitioners, who have completed three years service on regular basis as on March 31, 2023 to participate in the selection process for promotion as Assistant Manager.
The High Court has also stayed the circular dated September 21, 2023 to the extent of the condition “and/or are subject matter of investigation in FIR No.10/2019 and 1/2020 ACB J&K” in so far as it prohibits or disentitles the eligible Banking Associates for their promotion till next date of hearing—November 24, 2023.
The bench of Justice Wasim Sadiq Nargal was dealing with two writ petitions titled “Zahoor Ahmad Bhat and Others Versus UT of J&K and Others” and “J&K Bank Employees Union Kashmir Versus J&K Bank Limited”.
Through the petitions, the petitioners challenged the Circular No.15876 dated September 21, 2023 issued by Jammu and Kashmir Bank Limited in so far as it debars the petitioners from entering into online test conducted by promotion of regular Banking Associates through Fast Track-cum-Merit Channel to the post of Assistant Manager.
It was the specific case of the petitioners that the circular emanates from arbitrariness and ends in hostile discrimination to the Banking Associates, who are deprived from entering into competition for their promotion through Fast Track-cum-Merit Channel.
“The impugned circular has taken birth from the womb of investigation conducted in FIR Nos. 10/2019 and 1/2020 registered at ACB J&K, which relate to appointment of number of Assistant Banking Associates at different times during past more than two decades by one or the other Chairman of the bank on urgency basis”, the counsels for petitioners submitted, adding “absorption of the petitioners in the bank has been made through a distinct process in due course of law and confirmation by Board of Directors”.
They further submitted, “initially appointees are named in the investigation without finding any proof of irregularity in their case”, adding “pendency of the investigation in a criminal case or pendency of departmental enquiry by itself cannot be taken as a refuge by the bank to denude such employees from their right of consideration for promotion”.
After hearing both the sides, Justice Wasim Sadiq Nargal observed, “prima facie case is made out for indulgence of the court as such notice is issued in the main petition as well as in the application seeking interim relief”, adding meanwhile, subject to objections and till next date of hearing ,the circular dated September 21, 2023 impugned in the writ petitions to the extent of the condition “and/or are subject matter of investigation in FIR No.10/2019 and 1/2020 ACB J&K” in so far it prohibits or disentitles the eligible Banking Associates working on regular basis for last more than three years for their promotion shall remain stayed.
“Consequently, the Banking Associates working in the bank on regular basis as on March 31, 2023 shall be allowed to participate in the selection process for promotion”, Justice Nargal directed.
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