Law:

Section:

Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 1979--R.12-A---Retirement age---Determination---Grievance of civil servant was that his date of retirement had wrongly been calculated from seniority list---Civil servant relied upon his date of birth mentioned in his Secondary School Certificate, Computerized National Identity Card and Service Book---Validity---Date of birth of civil servant mentioned in Service Book could not be ignored as it was the most authenticated document---Date of birth mentioned in seniority lists could not be ,referred over date of birth mentioned in Service Book--Supreme Court accepted the date of birth of civil servant mentioned in Secondary School Certificate, Computerized National Identity Card and Service Book---Supreme Court converted petition for leave to appeal into appeal and set aside notification of retirement of civil servant---Appeal was allowed. JUDGMENT JAVED IQBAL, J.---The petitioner is aggrieved by order dated 19-3-2010 passed by the Balochistan Service Tribunal, Quetta whereby the appeal preferred on behalf of petitioner has been dismissed and notification bearing No.SCW(SOA)2-95/2001/426 dated 4-2-2009, qua retirement of the petitioner has been kept intact by considering 1-3-1949 as correct date of birth of the petitioner, hence this petition. 2. Mr. Muhammad Riaz Ahmed, learned Advocate Supreme Court/Advocate-on-Record entered appearance on behalf of petitioner and urged vehemently that the exact date of birth of the petitioner is 1-3-1951. In order to substantiate his contention reference has been made to the Secondary School Certificate, Computerized National Identity Card and Service Book of the petitioner which according to learned Advocate Supreme Court have been ignored by the learned Service Tribunal without assigning any cogent reasoning which resulted in serious miscarriage of justice. 3. Mr. Salahuddin Mengal, learned Advocate-General entered appearance on behalf of respondents and controverted the view point as canvassed at bar by Mr. Muhammad Riaz Ahmed, learned Advocate Supreme Court for the petitioner and supported the judgment impugned for the reasons enumerated therein with…

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