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How to initiate action against bank for biased promotion policy
15-Feb-2023 (In Labour & Service Law)
Sir, I am working as Senior Branch Manager in Bank of India since 01 Aug 2012. Recently promotion policy of our has been revised in May 2016 where rural/ Semi urban posting are made compulsory to be eligible for next promotion I.e Scale III to IV. However rest all scale promotions are not in such restrictive way. Further, As an officer I do not have freedom to have place of posting and bank post us as per service exigencies. Kindly advise us whether we can intiate legal action against bank as employer for biased policy or not
Yes you can challange the aforementioned notification in the Hon'ble High Court under the ground you mentioned herein, however for better response you need to provide the complete notification alleged to be issued for this purpose.
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Adv. Siddhartha Mishra
Allahabad | 100+ Answers
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You can definitely challenge this arbitrary condition because it was never open for an employee to choose his place of posting. Once such was the case, those who got the opportunity to be posted in semi-urban/rural branches, got it only as a matter of luck. To put this in other words, this condition cannot be now belatedly inserted because you were never hesistant to be posted in a rural branch. However, you were not so posted because it was totally never thrown your way. Now this very condition cannot be used to refrain you from being promoted. Thus, the condition is arbitrary and can be rightly challenged.
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You can initiate legal action against your bank if the policy incorporated for promotion is in violation of other promotional policies. Further, regarding the place of posting I need to understand the transfer/posting policy of your bank then only I can advice you in respect of that.
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Adv. Nagesh Gajghate
Ghaziabad | 25+ Answers
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