SRINAGAR: The High Court of Jammu Kashmir and Ladakh has ruled against the JK Bank’s promotion policy for Banking Associates (BAs), declaring the mandatory screening test for IBPS Banking Associates illegal. Justice Rahul Bharti directed the bank to promote IBPS Banking Associates to the next post without requiring a screening test.
The ruling came in response to a petition by around 50 Banking Associates who challenged the bank’s communication (No JKB/Rectt/2023-792 dated 21.09.2023) which invited eligible candidates for promotion under the “Career Progression of Banking Associates for the position of Assistant Manager Cadre.” This progression involved a screening test and interview, which the petitioners argued was discriminatory.
Justice Bharti noted that Article 14 of the Constitution of India, which guarantees equality before the law, had been violated. The ruling insisted that subjecting non-IBPS Banking Associates with over seven years of service to the same test as IBPS Banking Associates with only three years of service was treating unequals as equals, thus violating the constitutional principle of equality.
The court directed JK Bank to conduct a fresh eligibility screening test for non-IBPS Banking Associates with seven-plus years of service, aligning with clause 4.1(a) of the bank’s promotion policy. The test must consider 40%-35% marks for General/Reserved categories. The bank was instructed to promote those who qualify under the Seniority-cum-Selectivity Channel.
Justice Bharti highlighted that the petitioners and all non-IBPS Banking Associates with over seven years of service faced double discrimination: they were tested differently and disadvantaged in promotion opportunities compared to their IBPS counterparts. The court asserted that these non-IBPS Banking Associates were unfairly left in their current positions without progression, effectively stalling their careers until retirement.
The court ruled that the promotion procedures should respect the distinctions between different groups of employees. The court ruled that non-IBPS Banking Associates with over seven years of service must be considered for promotion based on clause 5.2 of the Policy for Promotion of Workmen, either with or without a written test, depending on the number of available promotion posts.
This decision reinforces the importance of fair and equitable treatment in employment policies, ensuring that long-serving employees are not unfairly disadvantaged in their career progression.
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