Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)---   ----Art. 199-Constitutional petition---Civil service---Correction of date of birth---Petitioner prayed for setting aside orders whereby his request for correction of date of birth in his service record was declined and he was superannuated---Record produced by authorities had revealed that petitioner had practically accepted his retirement, submitted application for release of his pensionary benefits and did not agitate for correction of his date of birth throughout his 35 years service---Petitioner having filed constitutional petition at belated stage just to achieve certain benefits, same had no force and was dismissed accordingly.    Muhammad Ayaz Khan v. Government of Sindh and others 2007 PLC (C.S.) 716 and Dr. Shamim Waheed v. Province of Punjab and another 2008 PLC (C.S.) 192 ref. ORDER HAFIZ TARIQ NASIM, J.--- Through this writ petition, the petitioner prayed for setting aside the orders dated 28-9-2006 and 2-11-2007, whereby his request for correction of date of birth in his service record was declined and he was superannuated with effect from 14-11-2007. 2. Learned counsel for the petitioner submits that date of birth of petitioner as recorded in matriculation certificate is 14-11-1949 and he is supposed to be retired on 13-11-2009, whereas contrary to the same he has been retired on 14-11-2007. Further submits that the criteria for superannuation as set up by the respondent is of matriculation certificate but in the present case a, discriminatory treatment is meted out to the petitioner. 3. On the other hand, learned counsel for the respondent submits that the petitioner has rendered 35 years service and throughout his service he did not…

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