Case Details

Citation(s)
2015 SLG 317 2015 SLD 317 2015 PLC 267
Supreme Court of Pakistan
Civil Petition No. 595-K of 2013, decided on 28th February, 2014.(On appeal from judgment dated 4-9-2013 of the High Court of Sindh, Hyderabad, passed in C.P. No. D-413 of 2013)
AMIR HANI MUSLIM, IJAZ AHMED CHAUDHRY AND GULZAR AHMED, JJ
M.M. Aqil Awan, Advocate Supreme Court for Petitioner. Salah-ud-Din Gandapur, Advocate Supreme Court and Ghulam Qadir Jatoi, Advocate-on-Record for
Respondents

SHAHID AHMED

VS

OIL AND GAS DEVELOPMENT COMPANY LTD. through Managing Director, Islamabad and others

Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973

Section: 12-A

Law: Constitution of Pakistan, 1973

Section: 199,25

(a) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----R. 12-A---Constitution of Pakistan, Art. 199---Civil service---Date of birth, alteration in---Delay of 20 years in seeking alteration in date of birth--- Laches--- Effect---Employee of Oil and Gas Development Company (OGDCL) made an application to the company for correction in his date of birth from 6-6-1953 to 11-6-1956 on the strength of a certificate issued by the Executive District Officer (Education)---Said application was rejected by OGDCL---Employee filed a constitutional petition before High Court against order of OGDCL, which was dismissed on the ground of laches---Validity---Employee at the time of joining service in OGDCL submitted numerous documents, including his secondary school certificate, Computerized National Identity Card, personal bio-data, personal data form, and all said documents mentioned his date of birth as 6-6-1953---Employee made representation before OGDCL for correction of his date of birth after serving his department for more than 20 years, at a time when he was nearing retirement---Employee was unable to offer any explanation for such inordinate delay in seeking correction of his date of birth---Even at the time of joining service, employee did not reserve his right to seek amendment in his date of birth, nor did he place any material to show that he had approached any authority for correction of his date of birth at the time of joining service---In terms of office memorandums/ circulars issued by OGDCL during different years, employee in question was required to declare his correct date of birth at the time of joining service, and said circulars also provided that date of birth declared at the time of entry into service shall be treated as final and no amendment would be allowed at any subsequent stage---Employee had submitted his date of birth as 6-6-1953 in response to said circulars, and now after 20 years in service he was seeking to nullify documents submitted by him earlier---High Court in such circumstances was justified in holding that constitutional petition was barred by laches. (b) Constitution of Pakistan--- ----Art. 25---Civil…
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