Hello Sir/Madam, I am present working with Bank of India as Marketing Executive scale1 and have completed almost 6years in this bank. Last year in 2019 I appeared in bank's internal promotion process from scale 1 to 2. I couldn't promoted.This year also I appeared for the same and couldn't make to final list. Here the promotion process includes written exam and then interview. In both the year 2019 and 2020 promotion process ,I cleared written exams and appeared in interview. Here I want to tell that, there are two types of officers work in banks ,one who are General Banking officers (GBO)and others are specialist officers(SO). Marketing stream falls in specialist cadre. I understand from the promotion related notification vacancies for GBO are sufficient with respect to appeared candidates while in case of SO the no of vacancies available 50% or less then 50%. Other thing is GBO can promote through Merit and seniority basis but in case of SO bank allows promotion through merit channel only.These are two discrimination exits. It is also popular here in bank that some candidates those having sources at higher levels influence the promotion list. My performance is good and that's why I am posted at Retail loan center since june 2018. I was awarded as best Marketing officer in Retail loans in 2019 by regional/zonal manager but couldn't got promotion. I hereby want to ask is there any legal section available against such kind of promotion process and how can I move to get justice against discrimination.
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Lawyers are available now to answer your questions.
As you mentioned that there are two phase to qualify for promotion and you have not cleared the second step I.e., the interview, your plan to approach the matter legally may not be able to get through because you have not cleared the interview.
No legal action would be maintainable.
You may have to once again try this year.
The fact that there's a high level corruption going is a open secret but how can you prove that.
Hence wait patiently.
1. The performance alone may not be the criteria for promotion if there is written examination as well.
2 . When you are repeatedly denied promotion after written examinations then you can check the marks obtained by each candidates to find out if there is any mala fide action behind your denial.
3. So on finding any mischief you can file case before the Administrative Tribunal or the High Court as the case may be.
You may challenge the interview process based upon your performance and awards in the bank.
Write a letter to the higher authorities and if they don't respond then file a writ petition in the high court.
You can approach the senior management to do the aforesaid. Now the state can also file pil in this situation
You may have cleared written test but may not have got sufficient marks in interview
if you are promoted check the marks secured by other candidates
if you have more marks than them then only take legal proceedings
Yes,Definitely you have well defined law and its your constitutional rights to challenge the injustice being caused to you by your management through wrong decisions and process of law.
Please move immediately and invoke Extraordinary Jurisdiction of High Court at Allahabad or Lucknow bench as per jurisdiction of your Bank and H O to challenge their unfair and unconstitutional actions against your promotion process by Articles 226 and 227 of Indian Constitution 1949.
Please file a writ for the relief.
File a complaint in the banks ombudsman for having required changes in the promotion policy
Dear Sir/Madam,
You are suggested that the points raised by you are the policy matter and the High Court has the exclusive jurisdiction to entertain such matters under the WRIT JURISDICTION. You may file a writ petition in the high court challenging the existing policy.
You may file writ petition in high court.
my advice to you that if you are interested to file Writ you have to file individual Writ.
- As per the banking rules , the final weight-age for promoting can be given to those officers , who wins an award , prize , medal or in the exceptional cases if an Officer has been continuously performing well in his work , then such officer is eligible to get promotion.
- Further , the recommendation can be submit to the Chairman & Managing Director and/or Executive Director for granting him promotion.
- Since you have already cleared written exams and also appeared in interview , and further has awarded as best Marketing officer in Retail loans in 2019 by regional/zonal manager , then legally you are having a competent eligibility to be promoted in the higher cadre.
- Hence the unforeseen attitude of the official of your bank for not recommending your name for promotion is showing something not good.
- You can raise this issue before the higher official of the bank , and ask for the satisfactory explanation for the same.
- Further , if no response then can challenge before the the Central Administrative Tribunal.
You can file writ petition before Supreme Court for India against this discrimination in promotion of posts in two different cadres.
Rake all this up in a writ petition before the High Court. You might have to file a writ of certiorari and partially challenge the promotion policy of your Bank.
Come in writ petition before the concerned High Court in this matter. This must be done only after giving a detailed representation to your Bank in this matter.
