#service record

Bombay High Court quashed orders declaring teachers surplus, ruling that seniority under Maharashtra Employees of Private Schools Rules must account for total service, including periods in unaided divisions. The Education Officer’s mechanical reliance on a prior judgment without applying mind to individual service records violates procedural fairness.

The Delhi High Court has affirmed that compulsory retirement under FR 56(j) is lawful when grounded in a holistic assessment of an officer’s entire service record, including uncommunicated adverse entries, as long as the decision reflects reasoned application of mind and lacks mala fides. This reinforces that procedural fairness in service law does not require prior disclosure of every adverse remark, but demands substantive justification and absence of arbitrariness-critical for public sector employees facing administrative review.

Jharkhand High Court rules that authorities cannot retrospectively add adverse remarks to Annual Confidential Reports (ACR) based on uncommunicated misconduct, even on remand. The judgment reinforces that service records must be expunged of such entries to uphold natural justice and Article 14, setting a precedent for fair administrative proceedings in public employment.

Punjab & Haryana High Court dismisses petitions seeking date of birth alteration after 32 years, ruling that corrections under Fundamental Rules must be sought within five years of appointment. The court held that unchallenged service records govern retirement age, barring belated claims even if supported by school certificates.