Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974) --- ----S. 44---Writ petition---Civil service---Date of birth, correction of---Ex parte decree obtained without impleading necessary party---Effect---Retirement of employee---Terms and conditions of service---Contention of petitioner was that his date of birth was 1-1-1958 which had been wrongly entered as 13-4-1954---Validity---Petitioner had himself entered date of birth in his matriculate certificate and subsequently in all his service record as 13-4-1954---Said entry had been repeated by the petitioner till 2011---Petitioner filed suit for declaration and he was granted decree on 3-1-2014---Government which was employer was not impleaded as party in the said suit---No opportunity to refute the stand taken by the petitioner in the suit had been provided to the employer---Such ex parte decree was not binding on the government/employer---Decree which had been obtained without impleading a necessary party was a nullity in the eye of law and same was liable to be ignored---Employee had been retired from service---Proper course for the employee was to approach the Service Tribunal for redressal of his grievance as retirement was a part of terms and conditions of service---Writ petition was dismissed in limine. Habibullah v. Mahmood 1984 CLC 309; Muhammad Ashraf and 8 others v. Azad Government of the State of Jammu and Kashmir and 13 others PLD 1985 SC (AJK) 102; Union of India v. Rama Swamy AIR 1997 SC 2055; Khurshid Hussain's case, 2012 PLC (C.S.) 429 and Alamdar Hussain v. Inspector-General of Police, Punjab and others 2003 SCMR 1105 rel. THIS ORDER PASSED BY: GHULAM MUSTAFA MUGHAL, Chief Justice:---.--- Through this petition filed under section 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, Notification No.S&GAD/A-1(36)2014 (Gazetted-I) dated 27-2-2014 has been challenged for having been issued without lawful authority. Facts forming the background of the captioned petition are that petitioner, herein, was serving in the Local Government and Rural Development Department as Section Officer BPS-17. His retirement notification was issued 27-2-2014. The case of the petitioner is…

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