Early Times Report
Jammu, July 29: Quoting a Roman Philosopher’s Lucretiu’s quote “One man’s food is another man’s poison” Justice Rahul Bharti of Jammu & Kashmir and Ladakh High Court has ruled in favour of the senior employees of Jammu and Kashmir Bank seeking promotion.
While representing the petitioners, Advocate Azhar-ul- Amin submitted that his clients have been discriminated and the respondents have violated the “principle of equality.”
After hearing the counsels of the petitioners and respondents, Justice Bharti in the judgment said: “The issue involved in the present writ petition filed by fifty petitioners feeling similarly aggrieved that they, as a sub-class in the context of their service, have been subjected uninformed to a promotion related test meant for another sub-class of employees contrary to the promotion policy itself admitting of differential promotion test to the said two sub-classes thereby rendering them discriminated and purportedly denied of promotion prospect under seniority cum selectivity channel.”
The Bank in 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, as “illegal, arbitrary and discriminatory,” this Court directs the respondent No.1-the Bank to consider the petitioners and similarly placed non IBPS Banking Associates with seven (7) 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 writt Advocate Azhar-ul- Amin submitted that his clients have been discriminated against and the respondents have violated the principle of equality.
The Bank in 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, as “illegal, arbitrary and discriminatory,”
This Court directs the respondent No.1-the Bank to consider the petitioners and similarly placed non IBPS Banking Associates with seven (7) plus years of service for promotion.
Article 14 envisages fairness and equality in the matter of conduct by the State and its authorities, which the Bank is under Article 12 of the Constitution of India.
Justice Bharati said, “ Article 14 of the Constitution of India envisions and enshrines equality concept intensively, extensively and attentively. Article 14 envisages fairness and equality in the matter of conduct by the State and its authorities, which the respondent No. 1 – the Bank is under Article 12 of the Constitution of India. Article 14 of the Constitution of India is found squarely violated in the present case which renders the action of the respondent No. 1 – the Bank illegal qua the petitioners and, therefore, this Court is left with no other option but to hold the selection process under Seniority cum Selectivity channel with respect to non-IBPS Banking Associates, as are the petitioners, conducted by the respondent No. 1- the Bank as illegal and arbitrary and consequently warranting a direction unto the respondent No. 1 – the Bank to consider conducting a fresh eligibility screening test (objective type) as envisaged by clause 4.1(a) of the Policy with respect to non-IBPS Banking Associates with seven (7) years plus of service for the purpose of their participation in the promotion process under the Seniority-cum-Selectivity Channel and thereupon consider the promotion of non-IBPS Banking Associates with seven (7) years plus service who are able to qualify the said written screening eligibility test by having 40%-35% marks for General/ Reserved Category as the case may be.” | 