ICICI Bank Assistant Manager With 50% Locomotor Disability Moves Gujarat High Court Alleging Discrimination In Promotion

A 30-year-old Assistant Manager at ICICI bank with 50% locomotor disability has moved the Gujarat High Court alleging discrimination by the bank with regard to his promotion. 

When the matter was listed on January 20, Justice Aniruddha P Mayee observed, “Learned counsel for the petitioner is directed to serve a copy of the present writ petition on the office of the learned Additional Solicitor General as well as panel advocate appearing for the ICICI Bank Limited, who shall complete their instructions before the next date of hearing.”

The petitioner in his plea has stated that he was born with issues in his spinal cord and in 2013 he was diagnosed with Dorsal Kyphoscoliosus (a spinal condition) and the doctor had strictly prohibited him from travelling long distances. It states that he is a person with Benchmark Disability (PwBD) under the Rights of Persons with Disability Act, 2016 and has a disability certificate. He subsequently received appointment letter from ICICI Bank on May 7, 2014.

The petitioner has said that he has sincerely performed his duties and was subsequently promoted to the position of Senior Officer on April 1, 2018. The plea submits that the position of Senior Officer was renamed to Assistant Manager 1 but there was no actual promotion or increment done by the bank. It states that he was awarded certificate of excellence on completion of 5 and 10 years of service in 2019 and 2024. Thereafter in September 2021 he received an email stated that he has been transferred from his tentative place of Junagadh to Nevada Village which is 418 km away. He has been assigned as BRO farmer finance with his role being that of a sales officer which includes door to door sale which he cannot perform. 

He said that he complained to the bank but did not receive a response. Thereafter he submitted an online complaint to Office of Commissioner of Persons with Disabilities which in 2022 recommended that he may be retained at Junagadh; however the petitioner was not reinstated. In the interim the bank transferred him to Risk Management Group wherein the employees are not engaged in any active duties but are only to mark their presence in office. He thereafter sought a clarification from regional head regarding delay in his assignment to cashier role or authorization to perform work.

In response he was advised to wait for his transfer order. The petitioner subsequently wrote to the bank stating that the "reason for not getting any promotion is his disability and he feels discriminated due to such actions of respondent". He claims that he has been deprived of career advancement and promotional opportunities.

The Petitioner states in his plea that as mandated by the Constitution of India and RPWD Act under Section 20(3) prohibits denying promotions solely based on disability and it applies to the private entities that makes the bank responsible for withholding the promotion while promoting able-bodied employees.

The matter is posted on February 3.

Case Title: Kishan Arvindbhai Makhecha vs Office of Chief Commissioner For Persons with Disabilities & Anr.

Counsel for Petitioner: Advocates Rahul Bajaj, Isa Hakim and Aradhana Jain 

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