High Court permits Bank Associates to participate in selection process for promotion

Srinagar: The High Court of J&K and Ladakh Tuesday permitted the eligible Banking Associates working on a regular basis in the J&K Bank for more than three years to participate in the selection process for their promotion.

A bench of Justice Wasim Sadiq Nargal ordered the participation of the Banking Associates in their selection process for promotion after it observed that a “prima facie case was made out for indulgence of the court”.

J&K Bank Employees Union Kashmir through Advocate G A Lone with Advocate Mujeeb Andrabi challenged the circular dated September 23, 2023, issued by the J&K Bank through General Manager, Human Resources Development (HRD), debarring Banking Associates working in the J&K Bank for promotion to the post of Assistant Manager’s Grade, who are the subject matter of investigation in FIR No 10/2019 and 01/2020 of Anti-Corruption Bureau (ACB) J&K.

The union submitted that the circular emanates from arbitrariness and ends in hostile discrimination to the Banking Associates who are deprived of entering into competition for their promotion through fast track-cum-merit channel as advertised vide circular id 15876 dated September 21, 2023.

It contends that the circular suffers from arbitrariness and is in serious conflict with Articles 14 and 16 of the Constitution.

“The circular in so far as it debars the Banking Associates who are otherwise eligible for consideration for promotion in terms of the rules of the J&K Bank, governing the subject for participating in the selection process through fast track-cum-merit channel, is a direct onslaught and invasion upon the rights of these Banking Associates, who are the members of the union,” the union said.

It said that the circular is also against the rules and contravenes Rule 9.5 (iii) and Rule 9.6.2 of the Officers Service Manual, 2022.

“These 68 Banking Associates in Kashmir province have been regularised on various dates and have completed their service period as regular employees. Despite the confirmation and regularisation of Assistant Banking Associates and the regularization and confirmation of appointments of Assistant-cum-Clerks by Board Resolution No 0.5, the appointments of Assistant Banking Associates became subject matter of investigation in FIR No 10/2019 and 01/2020 of ACB J&K,” the union said.

While issuing notice to the J&K Bank on the aggrieved Bank Associates plea, which was accepted by its counsel Adil Asmi, a bench of Justice Wasim Sadiq Nargal said: “Subject to objections and till next date of hearing, the circular dated September 21, 2023, impugned in the instant petition, to the extent of the condition ‘and or are the subject matter of investigation in FIR No 10/2019 and 01/2020 ACB J&K’ in so far as it prohibits or disentitles the eligible Banking Associates working on a regular basis in the bank for last more than three years for their promotion, shall remain stayed, and consequently, the Banking Associates working in the J&K Bank on regular basis in General Cadre, should be allowed to participate in the selection process for promotion,” he said.