Status of Writ Petition on Merger Case in Mumbai High Court

Dear Friends,

The WRP 2872/ 2012 was called for hearing yesterday, 23.11.2016 in Mumbai High Court. The hearing lasted for one and half hours.

Association’s advocate, Shri Sandeep V Marne submitted our arguments before the hon’ble court. He had explained the two merger took place in NABARD and the different considerations seniority in both the occasions. He added that the merger was made in accordance with a mere policy change and no amendment was made to the rule and as such approval from RBI and Central Govt. was not obtained and explained (i) the issues of putting Economics services in  the top of the seniority list and (ii) reduction of chances of promotion.

Our counsel had empathetically argued that Supreme Court decision on the merger are clear that the merged entities are always placed below the existing employee of parent cadre in so much as to maintain interest in seniority at the time of entry in the organisation.

The bank has argued that the merger was put in place to bring uniformity in the promotion policy as well as to deregularise divisions like, TSD, Rajbhasha, Economics, legal, etc. Other explanation was, these divisions were not part of the NABARD’s major role- rural development. Further it was also said that the merger had increased the scope of promotions! There was also a mention that not a single officer, who has switched over form TSD is in service after 2015.

Hon’ble Judges, Shri Dharmadhikari and Shri Colabawalla had closed the hearing and announced the order will be issued later.

Since the hearing is over, lets hope for a favourable order soon.

Lets stand together,

AINBOA Zindabad!

P.S. The copy of the affidavit submitted by us in court can be accessed at the following link

Affidavit