Page 1 WP(C) no.2051/2024 HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR …… WP(C) no.2051/2024 Mir Kifayaz ullah and others ……. Petitioner(s) Through: Mr.Jahangir Iqbal Ganai, Sr. Advocate with Ms. Mehnaz Rather, Advocate Versus J&K Bank Limited and another ………Respondent(s) Through: Mr. Shafqat Nazir, Advocate Mr. Raja Sajad Hussain, Assistant General Manager (HR Department CHQ) and Mr. Iftikhar Ahmad Baqal, Chief Manager, HR CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 07.07.2025 1. Quashment of Circular Id 16835 dated 9th August 2024 is sought and a direction is also prayed to be granted directing respondents to promote petitioners against the post of Assistant Manager Cadre (Scale-I) under Seniority-cum-Selectivity Channel and grant promotion from the date it has been granted to the candidates in terms of Circular Id 16835 dated 9th August 2024 and grant all consequential benefits accruing thereto. 2. Petitioners are working as Banking Associates in respondent-Bank. 3. J&K Bank Limited Bank has a Policy for promotion of Workmen (Banking Associates, Assistant Banking Associates and Banking Attendants). The said Policy, at Clause 5, provides and gives procedure how to make selection process for filling up the vacancies in JMG Scale-I. The vacancies of JMG Scale-I are to be filled up 80% by S.no. 114 Supplementary Cause list Page 2 WP(C) no.2051/2024 promotion from Banking Associates Cadre and 20% by direct recruitment. Insofar as promotion from Bank Associates Cadre to the posts of JMG Scale-I are concerned, those are to be filled 75% by Seniority-cum-Selectivity Channel and 25% by Merit/Fast Track Channel. The Banking Associates, having 07 years’ service can be considered for promotion to the post of JMG Scale-I. And those who have 03 years’ service and intend to be promoted to the post of JMG Scale-I have to appear in Written Test (Fast Track Channel) which shall be conducted through IBPS Mumbai or other reputed external agency. 4. Respondent-bank issued Notifications dated 11th January 2024 and 24th January 2024, notifying schedule of dates for interview. Petitioners in reference thereof appear in the interview. They were expected issuance of promotion orders in their favour but startlingly they have been singled out. Hence this writ petition. 5. I have heard learned counsel for parties and considered the matter. 6. Perusal of Policy for Promotion at Clause 5.4.2 provides that the candidates, 1.5 times the number of vacancies available, will be called for interview in order of their seniority as per the seniority list published by the bank. “Note” attached to Clause 5.4.2 of the Policy mentions that under Seniority-cum-Selectivity Channel, eligible pool for interview shall be created on the basis of seniority and under Fast Track channel it shall be on the basis of merit obtained in the written test. 7. From the aforesaid procedure, it is evident that the candidates 1.5 times the number of vacancies available are to be called for interview in order of their seniority as per the seniority list; that means if there are two vacancies available, three candidates are to be interviewed. However, Page 3 WP(C) no.2051/2024 if there are less candidates than the vacancies, then in such situation the respondent-bank cannot drop/single out any candidate to be promoted to the next higher post. 8. It is pertinent to mention here that the ratio of 1.5 candidates to be interviewed against 01 post is for the purposes of shortlisting the candidates; that means when there are more candidates than the posts/vacancies available, then in such situation the ratio of 1.5 candidates to be interviewed against 01 post is to be followed. If, however, there are less candidates as against vacancies available, obviously, therefore, all those eligible candidates are to be promoted. 9. In the instant case, however, respondent-bank has done contrary to its own Policy for Promotion and discriminated the petitioners. It is even evident from the record produced by respondent-bank, that petitioners are meritorious and have successfully passed/qualified the interview, which fact position has also been admitted by counsel appearing for respondent-bank as also by Mr. Raja Sajad Hussain, Assistant General Manager (HR Department CHQ) and Mr. Iftikhar Ahmad Baqal, Chief Manager, HR. If that being the position, respondent-bank has denied the promotion to petitioners, which needs to be reversed by allowing the writ petition. 10. For the reasons discussed above, the instant writ petition is disposed of by providing and directing that the petitioners are entitled to promotion to the post of Assistant Manager Cadre (Scale-I) under Seniority-cum- Selectivity Channel from the date it has been granted to the candidates in terms of Office Order bearing Ref: JKB/HR/Rectt/2024 dated 9th August 2024 (Annexure I to writ petition) with all consequential benefits Page 4 WP(C) no.2051/2024 attached thereto. Respondent-bank shall do well to undertake and conclude such exercise within two months from today. 11. Disposed of as above. (Vinod Chatterji Koul) Judge Srinagar 07.07.2025 Ajaz Ahmad, Secretary