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‘A cover up’: Jammu and Kashmir and Ladakh High Court fumes over change of employee’s service record post retirement

Justice Bharti said that employee was not extended courtesy of even being heard by the vice chairperson of JDA, and that renders the employer's order vitiated with serious illegality.

3 min readNew DelhiJan 20, 2026 04:05 PM IST

Jammu and Kashmir and Ladakh High Court said employer cannot change record post service of an employee.

Jammu and Kashmir and Ladakh High Court was hearing a plea of an employee against the order of Jammu Development Authority over change of his service record. (Image enhanced using AI)

Protecting the retiree rights, the Jammu and Kashmir and Ladakh High Court recently set aside a Jammu Development Authority (JDA) order that sought to revise the service records of a retired employee.

Justice Rahul Bharti was hearing a plea of a retired employee of JDA against the vice chairperson’s order of revision of the service book, after his retirement, in alignment with the 1985 service regularisation order of the high court.

“It is the concerned establishment of the JDA, which was supposed to remain alert and alive to the corresponding developments related to the service career of the petitioner in the context of his original engagement,” the court said on January 15.

Justice Rahul Bharti jammu and kashmir and ladakh high court

Jammu and Kashmir and Ladakh High Court was hearing a plea of an employee against the employer’s order to change his service record. (Image enhanced using AI)

The court said that the 2020 order issued by the deputy director, local fund audit and pensions, Jammu, showed that it was “nothing but a cover-up” by the JDA on its own act of “omission and commission” to the prejudice of the petitioner.

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Findings

The petitioner is not the author of his own service record book.
It is the concerned establishment of the JDA, which was supposed to remain alert and alive to the corresponding developments related to the service career of the petitioner in the context of his original engagement, followed by subsequent postings, and then the judgment of this court passed in 1985, which attained finality to be given effect to without any dilution.
The petitioner was not extended the courtesy of even being heard by the vice chairperson of JDA, and that also renders the order vitiated with serious illegality.
There is no doubt about the fact that the grievance of the petitioner is fully secured by the verdict of the supreme court in the case of state of punjab and ors Vs Rafiq Masih.

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Background

The dispute began when the deputy director of the local fund audit and pension raised objections during the proceedings of the petitioner’s pension.
The petitioner joined the JDA as a daily-wage chowkidar in 1978, and based on his qualifications as a matriculate, he was soon assigned the duties of junior assistant.
During the proceedings of the pension, the audit office claimed that the petitioner’s regularisation and promotion dates were contradictory and requested a review of his consolidated service history.
In response, the vice chairperson of the JDA issued the order in 2020, which revised the petitioner’s second in situ promotion from 1999 to 2013, and that change created a purported “excess payment” of over Rs 1.40 lakh, which the JDA then sought to recover from his retiral benefits.
This order records the petitioner’s regularisation from August 1985 under high court directions, replacing the earlier promotion entry.
Following this, the petitioner filed the plea against the revision of his service book entries.

Jagriti Rai

Jagriti Rai works with The Indian Express, where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More