Court directs J&K Bank to treat suspension period as regular service for promotion eligibility.
In a significant ruling, the Jammu and Kashmir High Court has ordered J&K Bank Ltd. to reconsider the eligibility of an employee, Aultaf Ahmad Shah, for promotion to Assistant Manager under the Seniority-cum-Normal/Screening Channel. The court held that the period of suspension, although not treated as spent on duty, should still qualify for leaves, increments, and retirement benefits, and thus be counted as regular service.
The judgment, delivered by Mr. Justice Sanjay Dhar, emphasized that excluding the suspension period from the employee's regular service amounts to imposing a second punishment without due process. The court underlined that once the disciplinary authority decided that the suspension period qualifies for certain benefits, it should also count towards regular service to prevent any break in service.
Shah, who was suspended in 2018 for alleged misconduct, faced exclusion from the promotion process due to the bank's decision not to count his suspension period as part of his regular service. The High Court, however, found this exclusion unjustified, referencing judgments from the Rajasthan and Delhi High Courts that highlighted the undue prejudice caused by not counting the suspension period for seniority and promotion purposes.
The court directed J&K Bank to allow Shah to participate in the selection process for promotion to Assistant Manager, noting that the bank was obligated to consider his case in light of the available vacancies. The judgment further clarifies that the suspension period should be considered for promotion eligibility, even if back wages are denied.
This decision marks a pivotal moment for employees facing similar circumstances, reinforcing the principle that suspension periods, once qualified for certain benefits, must be treated as part of regular service for promotion eligibility.
Bottom line:-
Period of suspension not to be treated as break in service for eligibility in promotion if the disciplinary authority has decided that the suspension period qualifies for leaves, increments, and retirement benefits.
Statutory provision(s): Rule 90 of the Officers Service Manual, 2000, pertaining to the treatment of suspension periods for specific purposes including retirement benefits, increments, and leave.
Aultaf Ahmad Shah v. J&K Bank Ltd., (Jammu And Kashmir)(Srinagar) : Law Finder Doc id
