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.
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
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
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.
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
to the reservation for appointments for Banking Associates is
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)
(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
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
"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
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
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
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
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
