The High Court of Jammu Kashmir and Ladakh has invalidated JK Bank’s promotion policy for Banking Associates (BAs), specifically the mandatory screening test for IBPS Banking Associates.
Justice Rahul Bharti has ordered the bank to promote IBPS Banking Associates to the next position without requiring the screening test.
This ruling followed a petition from approximately 50 Banking Associates challenging JK Bank’s communication dated September 21, 2023, which announced a screening test and interview for promotion to the Assistant Manager Cadre. The petitioners argued that this policy was discriminatory.
Justice Bharti found that the policy violated Article 14 of the Indian Constitution, which guarantees equality before the law.
The court highlighted 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 unfair and a violation of the constitutional principle of equality.
The court directed JK Bank to conduct a fresh eligibility screening test for non-IBPS Banking Associates with seven or more years of service, as per clause 4.1(a) of the bank’s promotion policy.
The test should account for 40%-35% marks for General/Reserved categories, and those who qualify should be promoted under the Seniority-cum-Selectivity Channel.
Justice Bharti emphasized that non-IBPS Banking Associates with over seven years of service faced dual discrimination: they were subjected to different testing criteria and faced disadvantages in promotion opportunities compared to IBPS Banking Associates.
The court asserted that these long-serving employees were unfairly stalled in their current positions, hindering their career advancement until retirement.
The court’s decision underscores the need for fair and equitable treatment in employment policies, ensuring that long-serving employees are not unjustly disadvantaged in their career progression.