HC declares J&K Bank’s written test for non-IBPS Banking Associates illegal

Srinagar, July 29: The High Court of J&K and Ladakh has held as “illegal, arbitrary and discriminatory”  J&K Bank’s action of 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 in the bank.

The petitioners who had petitioned the court through Advocate Azhar-ul-Amin, are Banking Associates on the regular establishment of the J&K Bank and the next level of their promotion in the bank is an Assistant Manager (Cadre) also known as JMGS-1 (Officer Cadre).

Dealing with related pleas, a bench of Justice Rahul Bharti also directed the bank to consider the non-IBPS Banking Associates with seven plus years of service for promotion as per assessment envisaged under clause 5.2 of the 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.

The court underscored that it was as clear as sky that non-IBPS Banking Associates with seven years plus regular service aiming for promotion and Banking Associates, be it IBPS or non-IBPS, having less than seven years of service but more than three years of service as Banking Associates not eligible for competing under Seniority-cum-Selectivity channel of promotion were constituting two different species under genus Banking Associates.

“It is here where the opening quote of Roman philosopher Lucretius, ‘One man’s food is another man’s poison’ has come into play when Banking Associates of two species have been subjected to undergo the same and 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 and merit channel came to be imposed upon them leaving them non-successful,” the court said.

The court observed that a Banking Associate, be it IBPS or non-IBPS, was required to have seven years or more of regular service by reference to March 31 of the preceding year to be a first requirement for promotion consideration under Seniority-cum-Selectivity channel.

“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 years of service are then to be in the pool of the Banking Associates IBPS with seven plus years of service to be considered for promotion,” it said. “Insofar as the Banking Associates having completed three years of service, be it IBPS or non-IBPS and who based on the seniority are not eligible to join 75 percent pool of Banking Associates covered under Seniority-cum-Selectivity channel, are afforded an opportunity of a jump or 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 directed the bank to consider the petitioners and similarly placed non-IBPS Banking Associates with seven 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.