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2025 Supreme(Online)(Raj) 17074

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ASHOK KUMAR JAIN
ALL INDIA BANK OF BARODA OFFICERS UNION – Appellant
Versus
THE SECRETARY DEPARTMENT OF FINANCIAL SERVICES – Respondent
CW / 18007 / 2025



[2025:RJ-JP:52023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Misc. Stay Application No. 17147/2025 in S.B. Civil Writ Petition No. 18007/2025 All India Bank Of Baroda Officers Union, (Affiliated To Aiboa) Registered No. Rtu/15/98 Registered Office- 110, Bhartendu Nagar, Khatipura, Jaipur - 302012 Through Its General Secretary, Kamma Srinivasarao S/o Shri Satya Narayana Aged 64 Years, R/o 2-106, Kandukuri Surya Narayana House, Rajavaram. Dr. B.r. Ambedkar Konaseema. Andhra Pradesh-

533235 ----Petitioner Versus

1 The Secretary, Department Of Financial Services, Ministry Of Finance, Government Of India, New Delhi.

2 The Managing Director And Ceo, Bank Of Baroda, Baroda Corporate Centre (Bcc), Mumbai - 400051.

3 The Executive Director - Hrm, Bank Of Baroda, Bcc, Mumbai - 400051.

4 The Chief General Manager, Bank Of Baroda, Bcc, Mumbai - 400051.

5 The General Manager - Hrm, Bank Of Baroda, Bcc, Mumbai - 400051.

6 The Chief Labour Commissioner (Central), Ministry Of Labour, Govt. Of India, New Delhi

7 The Dy. Chief Labour Commissioner (Central), Ministry Of Labour, Govt. Of India, Mumbai.

8 The General Secretary, All India Bank Of Baroda Officers Association (Affiliated To Inboc And Intuc), 3 Walchand Hirachand Marg, Ballar Pier, Mumbai - 400001.

9 The Zonal Head (General Manager), Bank Of Baroda, Jaipur Zone, Baroda Bhawan, A-13, Airport Plaza, Durgapura, Tonk Road, Jaipur - 302018.

----Respondents Connected With S.B. Civil Misc. Stay Application No. 17489/2025 in S.B. Civil Writ Petition No. 18374/2025 Akhil Bhartiya Bank Of Baroda Officers Sanghthan, Registered Trade Union, Having Its Central Office At 17/04, Gandhinagar, Jodhpur, Rajasthan Through Its General Secretary Shri Dau Lal S/o Nena Ram, Aged About 35 R/o Nanan, Tehsil Pipar City District Jodhpur.

----Petitioner Versus

1 Bank Of Baroda, Through The Managing Director And Ceo, Bank Corporate Centre, C-26, G - Block Bandra Kurla Complex, Bandra East, Mumbai-Maharastra-400051.

2 Bank Of Baroda, Through The Chief General Manager (Hrm), Corporate Centre, C-26, G - Block Bandra Kurla Complex, Bandra East, Mumbai-Maharastra-400051.

----Respondents For Petitioner(s) : Mr. Lokesh Mishra, Mr. Narendra Kumar Gautam (in S.B. CWP no.

18007/2025)

Mr. Rachit Sharma (in S.B. CWP no.

18374/2025)

For Respondent(s) : Mr. R.N. Mathur, Senior Advocate with Mr. Rupin K. Kala, Mr. Abhishek Mewara Mr. Suresh Kashyap Mr. C.S. Sinha, CGC with Mr. Dev Yadav HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

05/12/2025 S.B. Civil Misc. Stay Application No. 17147/2025

1. Considered stay application No. 17147/2025 in S.B. Civil Writ Petition No. 18007/2025.

2. The petitioner-association which is affiliated to AIBOA has filed this petition with following prayer:-

1. Issue a writ of Certiorari and/or Mandamus quashing and setting aside Circular No.BCC:BR:116:207 dated 30.03.2024 (Annexure-7), Circular No. BCC:BR: 117:104 dated 11.02.2025 (Annexure-8), Promotion Policy dated 06.11.2025 (Annexure-9) and any subsidiary circulars, SOPs or guidelines to the extent they-

(i) substitute GEMS for the DFS/APAR regime, ii) permit use of cohort-based normalization for promotions, (iii) authorise extrapolation/imputation of missing KRA data without disclosure, (iv) permit automatic adverse inferences via auto-

escalation, or (v) authorise any other secret algorithmic decision-

making affecting promotions and service conditions.

2. Declare that the unilateral introduction, adoption and use of the GEMS Insight Tool / GEMS Appraisal System by the respondent Bank for annual appraisal, promotion, posting. confirmation, seniority and other consequential service lecisions is arbitrary, ultra vires, withone lawful authority, violative of Arties 14, 16 and 21 of the Constitution, and contrary to the DFS-

prescribed APAR regime.

3. Direct that until a lawful, transparent and statutory- compliant appraisal methodology is framed and implemented after Board approval and consultation with recognised unions and DES as required), the Bank shall

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