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Jammu & Kashmir High Court
Ashok Kumar vs The Jammu And Kashmir Bank Ltd on 3 May, 2024
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
h475
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No.1199/2020
C/w
WP(C) No.1220/2020
WP(C) No.1304/2020
WP(C) NO.1305/2020
WP(C) No.1317/2020
WP(C) No.1347/2020
WP(C) No.1359/2020
Reserved on : 20.04.2024
Pronounced on : 03.05.2024
WP(C) No.1199/2020
Ashok Kumar, Aged 37 years
S/o Sh. Roop Lal
R/o Rajgarh Near Ramlila Ground,
Tehsil Rajgarh, District Ramban
And sixteen others ...Petitioner(s)
V/s
1. The Jammu and Kashmir Bank Ltd.
Through its Chairman, Regional Office,
J&K Bank Building, Rail Head Complex, Jammu
2. Union Territory of Jammu and Kashmir
Through Commissioner/Secretary,
Social Welfare Department,
Civil Secretariat, Jammu/Srinagar
3. Director, Rajya Sainik Welfare Board,
Ambphalla, Jammu
...Respondent(s)
WP(C) No.1220/2020
Sewa Singh Rana, Aged 35 years
S/o Sh. P.S.Rana
R/o Rajgarh, Ramban, Jammu
And twenty others ...Petitioner(s)
V/s
2
1. Union Territory of J&K through Principal Secretary to the
Govt. General Administration Department, Civil Sectt. J&K
Srinagar/Jammu.
2. Commissioner/Secretary to the Government,
Social Welfare Department
3. Jammu and Kashmir Bank
Through its Chairman, Moulana Azad Road,
Srinagar, 190001
...Respondent(s)
WP(C) No.1304/2020
Surinder Kumar, aged 36 years
S/o Sh. Tarsem Chand R/o Chhan Datyal,
Tehsil Hiranagar, District Kathua.
And twelve others ...Petitioner(s)
V/s
1. The Jammu and Kashmir Bank Ltd.
Through its Chairman, Regional Office,
J&K Bank Building, Rail Head Complex, Jammu
2. Union Territory of Jammu and Kashmir
Through Commissioner/Secretary,
Social Welfare Department,
Civil Secretariat, Jammu/Srinagar
3. Director, Rajya Sainik Welfare Board,
Ambphalla, Jammu
...Respondent(s)
WP(C) No.1305/2020
Satish Sharma, aged 43 years
S/o Sh. Doulat Ram
R/o Prem Nagar, Miran Sahib Tehsil R.S.Pura,
District Jammu. ...Petitioner(s)
V/s
Jammu and Kashmir Bank Ltd.
Through its Chairman, Regional Office,
J&K Bank Building, Rail Head Complex, Jammu
3
...Respondent(s)
WP(C) No.1317/2020
Sunil Kumar, aged 38 years S/o Sh. Saroop Chand
R/o Rajgarh, Tehsil Rajgarh, District Ramban
And fifteen others ...Petitioner(s)
V/s
1. The Jammu and Kashmir Bank Ltd.
Through its Chairman, Regional Office,
J&K Bank Building, Rail Head Complex, Jammu
2. Union Territory of Jammu and Kashmir
Through Commissioner/Secretary,
Social Welfare Department,
Civil Secretariat, Jammu/Srinagar
3. Director, Rajya Sainik Welfare Board,
Ambphalla, Jammu
...Respondent(s)
WP(C) No.1347/2020
Shakti Sharma, aged 33 years
S/o Sh. Shiv Kumar R/o Vill. Kalyanpur Post-Kanachak,
Tehsil Marh, District Jammu, J&K(181206)
And four others ...Petitioner(s)
V/s
1. The Jammu and Kashmir Bank Ltd.
Through its Chairman, Regional Office,
J&K Bank Building, Rail Head Complex, Jammu
2. Union Territory of Jammu and Kashmir
Through Commissioner/Secretary,
Social Welfare Department,
Civil Secretariat, Jammu/Srinagar
...Respondent(s)
WP(C) No.1359/2020
1. Arun Kumar Sharma, aged 35 years S/o Rattan Chand
R/o Mera Mandrian Tehsil Akhnoor District Jammu.
2. Sanjay Kumar aged 38 years S/o Sh. Ram Dass
4
R/o Kharah Tehsil Akhnoor District Jammu.
...Petitioner(s)
V/s
1. The Jammu and Kashmir Bank Ltd.
Through its Chairman, Regional Office,
J&K Bank Building, Rail Head Complex, Jammu
2. Union Territory of Jammu and Kashmir
Through Commissioner/Secretary,
Social Welfare Department,
Civil Secretariat, Jammu/Srinagar
3. Director, Rajya Sainik Welfare Board,
Ambphalla, Jammu
...Respondent(s)
For Petitioner(s): Mr. Sandeep Singh, Advocate.
For Respondents: Mr. Abhinav Sharma, Sr. Advocate, with
Ms. Supriya Gandotra, Advocate-for R1.
Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
JUDGMENT
1. The petitioners in these petitions are Ex-servicemen and are aggrieved of Advertisement Notification No.JKB/HRD/Rectt/ 2020-73 dated 2nd July, 2020 issued by the Jammu & Kashmir Bank Limited ["the Bank"] for making recruitment of Banking Associates. The petitioners claim that, as per the Jammu & Kashmir Reservation Act, 2004 and the Rules framed thereunder, there is a horizontal reservation of 6% earmarked for the category of "Ex-Servicemen". The Bank having adopted the reservation Rules of the Government is bound to provide said horizontal reservation in favour of the "Ex-Servicemen" category. 5
2. The short grievance projected by the petitioners in this petition is that, though, they were eligible to participate in the selection process undertaken by the Bank for recruitment of Banking Associates under the category of Ex-Servicemen, yet the application forms submitted by them were not entertained. It is with this grievance, the petitioners approached this Court through the medium of these petitions seeking, inter alia, the following reliefs:-
"(a) Certiorari for quashing the Advertisement Notice issued by respondent no.1 for selection of Banking Associates by which the candidates belonging to Ex-Servicemen candidates have been excluded from the benefits of reserved category in violation of the reservation rules and also no age relaxation has been provided.
(b) Mandamus commanding the respondents to issue fresh advertisement for the post of Banking Associates by including the Ex-
Servicemen category in the reserved categories and also providing age relaxation."
3. As is evident from an interim order dated 29 th July, 2020 passed in WP(C) No.1199/2022, this Court, while issuing notice to the respondents for filing objections, also directed the Bank to open online registration of applications for four days starting w.e.f. 30 th July, 2020 to enable the petitioners to submit their application forms on their own risk and responsibility. This is how the petitioners submitted their application forms and participated in 6 the selection process. The impugned advertisement notification is assailed by the petitioners primarily on the following grounds:-
i) That at one place the advertisement notification clearly provides that the reservation rules as applicable in the UT of J&K shall be applicable to the selection, however, while providing reservation for the different categories, the Bank conveniently forgets to include the category of „Ex-Servicemen‟ entitled to 6% horizontal reservation.
ii) That the Bank being a public authority is otherwise bound to follow the policy of reservation adopted by the Government of UT of Jammu & Kashmir.
iii) The Bank is completely wrong to take a stand that the maximum pay scale of the Banking Associates is higher than Rs.10,500/- as indicated in explanation (A) of Rule 4 of the Jammu & Kashmir Reservation Rules, 2005. The Bank has deliberately ignored to take into consideration that the maximum pay scale of Rs.10,500/- mentioned in the explanation (supra) has been revised from time to time.
4. Per contra, the stand taken by the Bank in the reply affidavit and the one taken before me during the course of arguments is ambiguous and mutually exclusive. In the reply affidavit, the Bank has taken a stand that the petitioners are not entitled to the 7 benefit of 6% horizontal reservation earmarked for Ex-Servicemen category for the reason that the maximum pay scale of Banking Associate exceeds Rs.10,500/- as prescribed in Explanation (A) of Rule 4 of the J&K Reservation Rules. It is submitted that the revision of pay scales undertaken by the Government of J&K is not ipso facto applicable to the Bank. The revision of pay scale of the Bank takes place separately. Reliance is also placed by the Bank on the decision of the Board of Directors dated 01.06.2020 to urge that the amendments and alterations made in the J&K Bank Recruitment Service Rules make no provision for relaxation in upper age for Ex-Servicemen for appointment to the posts of Banking Associates and Probationary Officers.
5. However, Mr. Abhinav Sharma, learned senior counsel while supporting the decision of the Bank not to allow the petitioners to participate in the selection process in the category of Ex- Servicemen would argue that the J&K Bank being an autonomous institution is not bound by the reservation policy of the Government of Jammu & Kashmir. He would submit that, as per the J&K Bank Service Recruitment Rules amended upto date, there is no reservation in recruitment provided for the category of „Ex-Servicemen‟. He, therefore, argues that in the absence of any reservation provided for the category of „Ex-Servicemen‟ by the Bank in its Service Recruitment Rules, no right is vested in the petitioners to claim such reservation.
8
6. Having heard learned counsel for the parties and perused the material on record, I am of the considered opinion that for the reasons given hereinafter, the petitioners are not entitled to seek their consideration under Ex-Servicemen category for recruitment to the posts of Banking Associates.
7. It is not in dispute that the Bank is an autonomous banking company governed by its Articles of Association and Memorandum of Associations. The recruitments in the Bank is governed by The Jammu & Kashmir Bank Limited Officers, Recruitment, Discipline, Conduct and Appeal Rules, 2000 framed by its apex body i.e. Board of Directors in the exercise of powers conferred by Article 72(e) of the Articles of Association. Rule 312 deals with reservation for appointments, which reads thus:-
"312. In making appointments to a service in the Bank reservation shall be made for a scheduled castes/tribes in accordance with the instructions as may be in force in the Bank from time to time."
8. From a reading of Rule 312, it is crystal clear that initially the Bank envisaged reservation only in favour of Scheduled Castes/ Tribes and for no other category. These Rules, I am told, have been amended from time to time. The latest amendment was carried to the Rules in the year 2020, as is evident from the Resolution passed by the Board of Directors of the Bank in its meeting held on 01.06.2020. For facility of reference, the Resolution passed and adopted on 01.06.2020 insofar as it pertains 9 to the reservation for appointments for Banking Associates is reproduced hereunder:- CERTIFIED COPY OF THE RESOLUTUION PASSED BY THE BOARD OF DIRECTORS OF THE BANK IN THEIR MEETING HELD ON 01ST JUNE, 2020 T-01 AMENDMENTS & ALTERATIONS IN J&K BANK RECRUITMENT SERVICE RULES:
B.R.No.36 Board considered the amendments & alterations in the J&K Bank Recruitment service rules and passed the following resolution in this regard:
"Resolved that approval of the Board be and is hereby accorded to the amendments and alterations in the J&K Bank Recruitment Service Rules in the manner as specified in the Agenda note."
Modification /amendments required to be incorporated in Service Manual-2000/Recruitment rules of the Bank.
1. Age & Education Qualification C) For Probationary Officers Minimum: 20 years Maximum: 32 years The candidate should be within the age group of 20-32 years as on 1st April of year of advertisement of posts.
D) For Banking Associates Minimum: 20 years Maximum: 30 years.
The candidate should be within the age group of 20-30 years as on 1st April of year of advertisement of posts.
Reservation for Appointments: (As applicable in UT of
J&K)
Category Reservation %
(a) Scheduled Castes 8%
(b) Scheduled Tribes 10%
Socially and Educationally backward classes (other than Scheduled Castes and Scheduled Tribes):-
(i) Weaker and under 4%
privileged
Classes/Social Caste:
(ii) Residents of areas 4%
adjoining line of Actual
Control(ALC)/Internatio
nal Border(IB)
10
(c) (iii) Residents of backward 10%
areas
(iv) Pahari Speaking people 4%
(a) Economically Weaker 10%
Sections (EWSs)
(e) Physically challenged 4% (Horizontal
Persons Reservation)
9. From the above, it is abundantly clear that earlier there was 8% reservation for Scheduled Tribes/Scheduled Castes categories only (4% for each category). However, with the amendment and alteration effected to the service rules in terms of the Resolution dated 01.06.2020 (supra), the Bank provided reservation for appointment as Banking Associates in favour of various other categories apart from Scheduled Tribes and Scheduled Castes. 8% reservation is provided for Scheduled Castes, 10% for Scheduled Tribes, 22% for Socially and Educationally backward classes and 10% for Economically Weaker Sections. The Bank also provided 4% horizontal reservation for physically challenged persons, however, no reservation in favour of Ex-Servicemen is provided. There is no dispute with regard to the fact that when advertisement notification for recruitment of Banking Associates was issued on 2nd July, 2020, the reservation, as reproduced herein above, was in-vogue in respect of recruitment to the post of Banking Associates.
10. It is true that the Bank in Clause 8 of the impugned advertisement notification did indicate that for the purposes of recruitment of 11 Banking Associates, it shall apply the Reservation Rules of the Government of Jammu and Kashmir i.e. the Jammu and Kashmir Reservation Act, 2004 and the Rules framed thereunder but at the same time and in the same advertisement notification, the Bank also gave breakup of the posts earmarked for different reserved categories. The breakup given in the advertisement notification under the heading "Vacancies" is completely in tune with what is provided in the Resolution dated 01.06.2020 passed by the Board of Directors extending the benefit of reservation to the reserved categories in addition to the categories of Scheduled Castes and Scheduled Tribes. For better appreciation of the point raised in this petition, it would be appropriate to set out Clauses "8" and "A. VACANCIES" herein below:- "8. The Reservation Rules applicable In J&K UT shall apply for this recruitment process. For reservation rules, please refer to Jammu & Kashmir Reservation Act, 2004 and amendments thereafter, including one issued by Government of Jammu & Kashmir, Social Welfare Department, Civil Secretariat, J&K Jammu Notification of Jammu dated 20th April 2020."
"A. VACANCIES: 1500 (One Thousand five Hundred).
Reservation as applicable in J&K UT
Reservation for Appointments: (As applicable in UT
of J&K)
Category Reservation %
(a) Scheduled Castes 8%
(b) Scheduled Tribes 10%
(c) Socially and Educationally backward classes
(other than Scheduled Castes and Scheduled Tribes):-
(i) Weaker and under 4%
privileged
12
Classes/Social Caste:
(ii) Residents of areas 4%
adjoining line of
Actual
Control(ALC)/Internat
ional Border(IB)
(iii) Residents of backward 10%
areas
(iv) Pahari Speaking 4%
people
(a) Economically Weaker 10%
Sections (EWSs)
(d) Physically challenged Persons 4% (Horizontal
Reservation)"
11. Clauses 8 and "A" reproduced herein above, when read conjointly and harmoniously, would clearly indicate that the Bank never envisaged any reservation for Ex-Servicemen. Clause-8 of the advertisement notification is, thus, required to be read and understood to provide reservation to the extent and for the categories clearly provided in Clause "A" of the Advertisement Notification. The procedure for obtaining category certificate and other allied matters shall, however, be dealt with under the Reservation Rules of the Union Territory of J&K. Viewed, thus, I find nothing wrong in the decision of the Bank not to give benefit of reservation to the Ex-Servicemen category.
12. I am not impressed by the argument of Mr. Sandeep Singh, learned counsel for the petitioners, that the J&K Bank being a public body is bound by the reservation policy of the Union Territory of Jammu & Kashmir. The J&K Bank, it is reiterated, is 13 a banking company governed purely by its own Articles of Association. The Board of Directors has, in the exercise of power conferred by Article 72(e) of the Articles of Association, framed Service Rules of the Bank. Rule 312 deals with the reservation for appointment of officers in the Bank. As is seen, Rule 312 as it was framed initially only provided reservation in favour of Scheduled Castes and Scheduled Tribes. The total reservation provided for these categories was 8% (4% each). It was only in the year 2020, Rule 312 was amended by the Board of Directors to provide reservation for various other categories like Socially and Educationally Backward Classes, Pahari Speaking Peoples, Economically Weaker Sections, Physically Challenged persons. The Bank, in its wisdom, did not provide any reservation for Ex- Servicemen category. This was a deviation made by the Bank from the policy of reservation promulgated by the Government in terms of J&K Reservation Act and the Rules framed thereunder.
13. It is true that the Bank did not come out with clear stand on the issue and took objection to the participation of the petitioners under Ex-Servicemen category on the ground, which, on the face of it, was not tenable. It is true that in terms of the explanation -A of Rule 4 of the J&K Reservation Rules, 2005, maximum pay scale mentioned for the purpose of providing reservation to Ex- Servicemen is Rs.10,500/-, however, this pay scale is not static. As and when the revision of pay scales takes place and requisite SRO issued by the Government revising the pay scales, the 14 revision applies to all the pay scales wherever mentioned, whether in the recruitment Rules, CSR or the Reservation Rules, etc. etc. Viewed from that angle, it cannot be disputed by the Bank that the maximum of pay scale of the Banking Associate does not exceeds the existing revised pay scale corresponding to maximum pay scale of Rs.10,500/-.
14. Mr. Sandeep Singh has placed on record requisite material in the shape of pay revisions that have taken place from time to time in the Government of Jammu and Kashmir to substantiate that the maximum of the pay scale of the Banking Associates is less than the revised pay scale corresponding to Rs.10,500/-. I am in agreement with Mr. Sandeep Singh, learned counsel for the petitioners that the claim of the petitioners to seek benefit of reservation under Ex-Servicemen category under the J&K Reservation Rules, 2005 cannot be thrown out on the ground taken by the respondent-Bank in its reply affidavit. However, having regard to the discussion made above and the clear picture emerging from the Jammu & Kashmir Bank Limited Officers, Recruitment, Discipline, Conduct and Appeal Rules, 2000, it is clearly seen that the Bank does not provide any reservation to the category of Ex-Servicemen. The position of Rule 312, as discussed above, was clearly reflected by the respondent-Bank in paragraph "A" of the advertisement notification. The petitioners have no vested right either under the Constitution or under any 15 other Statute to claim the benefit of reservation for recruitment of Banking Associates in the Jammu & Kashmir Bank.
15. For the foregoing reasons, I find no merit in these petitions, the same are, therefore, dismissed. However, before parting, I would like to point out to the Bank that it being a "State" within the meaning of Article 12 of the Constitution, as held by this Court, must act as a model employer. It cannot ignore the valuable services provided by the armed and other paramilitary forces in defending this Country from internal and external aggressions. It is also well known that these soldiers like the petitioners retire from their services when they are still young and, therefore, there is a dire need for their rehabilitation. Keeping in view the aforesaid services rendered by the Ex-Servicemen and in recognition of the fact that they retire when they are still young, the Central Government as well as the State Governments have been providing horizontal reservation in their favour. This is the right time for the Bank to rise to the occasion and make a similar provision for providing horizontal reservation in favour of the Ex- Servicemen. These observations are just a suggestion to the Bank and may not be construed as any positive direction. It shall be for the Bank to introspect and act.
(Sanjeev Kumar) Judge JAMMU.
03 .05.2024 Vinod.
Whether the order is speaking : Yes/No Mohammad Altaf Bhat Whether the order is reportable: Yes/No I attest to the accuracy and authenticity of this document 03.05.2024 16:12