Service Book is Sacred: Allahabad High Court Reinstates Employee, Slams Hasty Retirement Over LIC Record Discrepancy

The Allahabad High Court has reinstated Suresh Yadav, a peon wrongfully retired by the Nagar Panchayat, Dohri Ghat, Mau. The judgment, delivered by Justice Ajit Kumar, emphasized the critical importance of maintaining accurate service records and conducting proper inquiries before altering employment terms. The court found the retirement order based on an unverified complaint and preliminary inquiry to be unlawful.

Suresh Yadav was appointed as a daily wage peon in 1984 and regularized in 1992. His salary was stopped in July 1992, and his services were terminated, leading to a successful writ petition and his reinstatement in 2006. In 2014, based on a discrepancy in his date of birth recorded in Life Insurance Corporation (LIC) policy documents, his salary was withheld, and he was prematurely retired. The petitioner challenged this decision, arguing it was done without proper inquiry or notice and based on unverified evidence.

Justice Ajit Kumar criticized the retirement decision, noting, “The preliminary fact-finding enquiry report itself cannot take form of regular enquiry to enable the respondent Nagar Panchayat, Dohri Ghat, Mau to retire the petitioner.” The court found that the date of birth change was based on an unverified transfer certificate and LIC policy, neither of which could legally alter the service book entry.

The court underscored the contractual nature of employment and the importance of the service book in determining employment terms. “Without changing the date of birth originally recorded in the service book, an employee cannot be made to retire,” the judgment stated, emphasizing the binding nature of service book entries and the necessity for proper procedure in any alterations.

The judgment relied on the Uttar Pradesh Recruitment to Services (Determination of Date of Birth) Rules, 1974, which mandate that the date of birth recorded at the time of entry into service is final unless changed based on a bona fide mistake. The court cited previous rulings in Surendra Singh v. State of U.P and Mohan Singh v. U.P. Rajya Vidyut Utpadan Ltd., affirming that arbitrary changes in service records without proper inquiry are impermissible.

Justice Ajit Kumar remarked, “The method in which the Chairman in the present case had passed the order impugned retiring the petitioner without assigning any reason except relevant policy bond paper and that too without holding any enquiry was totally unwarranted.”

The Allahabad High Court’s decision reinstates Suresh Yadav and orders his service continuation until December 31, 2023, with appropriate salary adjustments. This judgment reinforces the legal framework ensuring fair treatment of employees and the necessity of following due process in employment-related decisions. The ruling sends a clear message about the impermissibility of arbitrary administrative actions and the protection of employees’ rights.

Date of Decision: July 4, 2024

Suresh Yadav vs. State of U.P. and 3 Ors.