Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Employees of Oil and Gas Development Corporation are governed by statutory Rules---High Court under Art.199 of the Constitution is right forum for its employees instead of Service Tribunal. M.D., O.G.D.C.L. and another v. Saleem Ataf and others C.P. No.22405 of 2010 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Disputed question of fact---Such jurisdiction is primarily meant to provide expeditious and efficacious remedy where illegality, impropriety and flagrant violation of law regarding impugned action of Authority is apparent on the face of record and can be established without any comprehensive inquiry into complicated, ticklish, controversial and disputed facts---Controversial questions of fact cannot be decided in exercise of powers under Art.199 of the Constitution---Disputed and controversial questions of fact can only be determined by competent forums after recording of evidence---Constitutional petition in such like situation is not competent, however, subject to certain exceptions. (c) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----R. 12-A---S.R.O.521(I), dated 31-7-2000---Constitution of Pakistan, Art.199---Constitutional petition---Date of birth, alteration in---Principle---Petitioner was employee of Oil and Gas Development Corporation and just few months before his retirement, he wanted to get his date of birth changed in his service record---Validity---Date of birth once recorded at the time of joining of government service was final and under R.12-A of Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, no alteration in it was permissible---Such provision was inserted by notification S.R.O.521(1) dated 31-7-2000, before that date alteration in date of birth was permissible but not thereafter---Idea of change/alteration in date of birth was an off-shoot of an afterthought and was common practice/matter of common knowledge that civil suits were used to be filed by employees at the verge of their retirement just for prolonging tenure and enjoying of perks and…

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