High Court: No premature retirement without look at service record

Saurabh Malik

Tribune News Service

Chandigarh, September 22

In a significant judgment on weeding out “deadwood” from government service, the High Court has ruled that the state government has an absolute right to retire an employee in public interest, but such an opinion is required to be based on subjective satisfaction and the employee’s performance during his entire service, especially the record of the last 10 years before the passing of compulsory retirement order.

Referring to Haryana’s premature retirement policy, the Bench asserted that its objective was providing clean administration, improving efficiency, strengthening administrative machinery at all levels and weeding out deadwood where integrity was doubtful.

Speaking for the Bench, Justice Chaudhary asserted that the competent authority was required to ensure application of mind to the employee’s record for objective analysis to see whether he was fit to be continued in service. The Judge stated it was also to be seen whether extension in service on attaining the age of 55 years or completion of 25 years of qualifying service was in public interest.

Referring to a plethora of Supreme Court judgments, the Judge added it was not disputed that sometimes non-communicated service record could also be taken into consideration. It was, in fact, held that communication of adverse remarks was not necessary while considering the case for an employee’s retention in service beyond 50 or 55 years. While passing the impugned order, the entire service record, including ACRs, had been scrutinised and taken into consideration.

Justice Chaudhary asserted that there was no adverse entry in the appellant’s service record regarding his work and conduct and even his integrity was not doubtful. As such, conclusion could not be drawn that it was not in public interest to keep the appellant in government service.