Srinagar (Jammu and Kashmir): The High Court of Jammu and Kashmir and Ladakh has declared the promotion policy of Jammu and Kashmir Bank for non-IBPS Banking Associates as illegal, arbitrary, and discriminatory. Citing the Roman philosopher Lucretius's adage, “One man’s food is another man’s poison,” the court emphasized the unfair treatment of non-IBPS Banking Associates in the bank’s promotion procedures.
A Bench led by Justice Rahul Bharti, while hearing separate pleas, ordered the bank to consider non-IBPS Banking Associates with over seven years of service for promotion based on clause 5.2 of the Policy for Promotion of Workmen. The court stated that these associates could be promoted with or without a screening written test at the bank’s discretion, given the number of available promotion posts exceeds the number of eligible Banking Associates.
“It is clear as the sky that non-IBPS Banking Associates with over seven years of service aiming for promotion are different from those with less than seven years but more than three years of service,” the court said. The court criticized the bank for subjecting both groups to the same written test, originally intended for the Fast Track/Merit channel, which unfairly disadvantaged the petitioners.
The court noted that for a Banking Associate to be eligible for promotion under the Seniority-cum-Selectivity channel, they must have seven or more years of regular service as of March 31 of the preceding year. Additionally, non-IBPS Banking Associates must pass a qualifying written test to be considered for promotion along with their IBPS counterparts.
“By holding the bank’s action as illegal, this Court directs the bank to consider the petitioners and similarly placed non-IBPS Banking Associates with over seven years of service for promotion, either with or without a screening written test, given the number of available promotion posts,” the Bench concluded.
