High Court Declares J&K Bank’s Promotion Test for Non-IBPS Associates Illegal and Discriminatory
The High Court of J&K and Ladakh has declared J&K Bank’s action of subjecting non-IBPS Banking Associates to a qualifying written test for promotion as “illegal, arbitrary, and discriminatory.” This test was not intended for them under the bank’s policy.
Background of the Petition
The petitioners, represented by Advocate Azhar-ul-Amin, are Banking Associates on the regular establishment of J&K Bank. Their next promotion level is to Assistant Manager (Cadre), also known as JMGS-1 (Officer Cadre).
Court’s Directive
Justice Rahul Bharti, addressing related pleas, directed the bank to consider non-IBPS Banking Associates with over seven years of service for promotion. This consideration should be based on the assessment outlined in clause 5.2 of the Policy for Promotion of Workmen. The bank may use a screening written test (objective type) at its discretion, especially since the number of available promotion posts is higher than the total number of Banking Associates, both IBPS and non-IBPS.
Distinction Between Banking Associates
The court highlighted that non-IBPS Banking Associates with over seven years of regular service and Banking Associates with less than seven but more than three years of service constitute two distinct groups. It criticized the imposition of a common written test on these two groups, which led to the petitioners’ failure and feelings of unfairness. The court referenced the Roman philosopher Lucretius, stating, “One man’s food is another man’s poison,” to illustrate the inappropriate application of the same test to different groups.
Eligibility Criteria for Promotion
A Banking Associate, whether IBPS or non-IBPS, must have seven or more years of regular service by March 31 of the preceding year to be considered for promotion under the Seniority-cum-Selectivity channel. For non-IBPS Banking Associates, qualifying a screening written test (objective type) is an additional requirement. Those who pass this test join the pool of Banking Associates IBPS with over seven years of service for promotion consideration.
Additional Promotion Opportunities
Banking Associates with three or more years of service, both IBPS and non-IBPS, who are not eligible for the 75 percent pool under the Seniority-cum-Selectivity channel, have an opportunity for promotion through a qualifying examination. Their selection is then based on merits as outlined in clause 5.2.
Final Court Directive
The court ordered the bank to consider the petitioners and similarly placed non-IBPS Banking Associates with over seven years of service for promotion. This should be based on the assessment in clause 5.2, with or without a screening written test (objective type), depending on the bank’s discretion and the number of available promotion posts versus the total number of Banking Associates.
