Srinagar- Referring to Roman philosopher Lucretius quote: “One man’s food is another man’s poison”, the High Court of J&K and Ladakh has held the subjecting of non IBPS Banking Associates eligible for consideration under Seniority cum Selectivity promotion channel in Jammu and Kashmir Bank as illegal, arbitrary and discriminatory.
Hearing separate pleas, a Bench of Justice Rahul Bharti also directed the Bank to consider the non IBPS Banking Associates with seven (7) plus years of service for promotion as per assessment envisaged under clause 5.2 (of Policy for Promotion of Workmen (Banking Associates, Assistants, Banking Associates and Banking Attendants) 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 are more and the total number of Banking Associates, IBPS and non-IBPS, less.
“….it is as clear as sky that non-IBPS Banking Associates with seven (7) years plus regular service aiming for promotion and Banking Associates, be it IBPS or non-IBPS, having less than seven(7) years of service but more than three years of service as Banking Associates not eligible for competing under Seniority-cum-Selectivity channel of promotion are constituting two different species under genus Banking Associates,” the court said, adding, “It is here where the …quote of Roman philosopher Lucretius that “One man’s food is another man’s poison,” has come into play when Banking Associates of two species have been subjected to undergo same/common written test for qualification to be in the pool of Banking Associates for promotion wherein the petitioners have failed and have been left to feel duped by the fact that the test meant for Banking Associates under Fast Track/Merit channel came to be imposed upon them leaving them non-successful and, accordingly, seeing the prospect of being ousted from lifetime opportunity of promotion on the basis of their respective seniority and denying them opportunity of competing on the strength of the parameters as prescribed under clause 5.2.”
The court noted that a Banking Associate, be it IBPS or non-IBPS, is required to have seven(7) years or more of regular service by reference to 31st March of the preceding year to be a first
requirement for promotion consideration under Seniority-cum-Selectivity channel and further for non-IBPS Banking Associates qualifying eligibility screening written test (objective type) is an additional requirement upon qualifying which all non-IBPS Banking Associates with more than seven(7) years of service are then to be in the pool of the Banking Associates IBPS with seven(7) plus years of service to be considered for promotion.
Insofar as the Banking Associates having completed three years of service, be it IBPS or non-IBPS and who on the basis of the seniority are not eligible to join 75% pool of Banking Associates covered under Seniority-cum-Selectivity channel, are afforded an opportunity of jump/leap promotion upon their participation in a qualifying examination and thereupon to be comparatively assessed on merits on the selection parameters as provided under clause 5.2, the Court further noted.
“……by holding the action of the respondent No.1-the Bank in 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, as illegal, arbitrary and discriminatory, this Court directs the respondent No.1-the Bank to consider the petitioners and similarly placed non IBPS Banking Associates with seven (7) plus years of service for promotion as per assessment envisaged under clause 5.2 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 Bench added.
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