J&K Bank Officers Promotion Policy 2024 | HC rejects plea, says state can integrate different cadres into one

Srinagar, May 27:   Underscoring that it is well within the power of the State to integrate different cadres into one cadre, the High Court of J&K and Ladakh has rejected a plea challenging the J&K Bank Officers Promotion Policy 2024.

The petitioners had challenged the Officers Promotion Policy, 2024, dated 16.04.2024, issued by the J&K Bank Limited to the extent it classified the officers recruited initially in Scale-I cadre and Officers elevated from lower cadres as ‘generalist cadre officers’.

“It is well within the power of the State to integrate different cadres into one cadre,” a bench of Justice Sanjeev Kumar said while observing that in view of clear and unequivocal enunciation of law by the Supreme Court of India, it is trite that Article 14 does not forbid the merger or creation of different cadres for its service.

The court observed that the creation of cadres and integration of different cadres into one cadre is entirely a policy matter for the State and does not attract equality clause envisaged under Article 14 and 16 of the Constitution of India.

“It is equally true that the State is well within its right to lay down any rule which it thinks appropriate for determining seniority in service and it is not competent to the Court to strike down such rule unless it falls foul of Article 14 and 16 of the Constitution.”

The contention of the petitioners before the court was that they were initially recruited as Relationship Executive-Law and subsequently placed in Junior Management (Scale-I).

Their further submission was that the Bank could not have clubbed them with other Scale-I officers to the prejudice of their right to accelerated promotion on the basis of merit/seniority in their own class that is confirmed Relationship Executive-Law.

The court noted that there was no promise or representation ever given to the petitioners that after they were regularly appointed as Junior Management (Scale-I), they would be put in a separate cadre of Law distinct from the General Scale-I cadre in the matter of seniority and promotion.

“It is true that the respondent Bank, having regard to their qualification and experience in Law, could have created a separate cadre of Junior Management (Scale-I)-Law but that could have been by way of a policy decision to be taken by the respondent Bank.”

The Court held that in the exercise of extraordinary writ jurisdiction, it could not direct the Bank to create a separate cadre of Junior Management (Scale-I)-Law merely for the reason that it would be more appropriate and advisable to do so.

The Court underlined that as a matter of policy and in its wisdom, the Bank did not create a separate Scale-I cadre for Law Graduates and made them also a part of the generalist cadre consisting of all Scale-I officers recruited directly or elevated from lower cadres.

“This Court finds nothing illegal, arbitrary or discriminatory in such decision of the respondent Bank, as is reflected in the Officers Promotion Policy”

It, accordingly, said: "Viewed from any angle, this Court finds no merit in this petition and the same is, accordingly, dismissed”.