Law:

Section:

Constitution of Pakistan, 1973---- --------Art. 199----Civil Servants (Appointment, Promotion and Transfer) Rules, R. 12-A----Constitutional petition----Correction of date of birth in service book----Salary was stopped----Suit for declaration seeking correction in date of birth as wrongly entered in record of NADRA----Suit was decreed----Correction of date of birth in CNIC and not in service record----Maintainability----Decree of Civil Court obtained by petitioner was not binding or applicable to government----Civil servant had not arrayed education department a party in suit----Suit was merely against NADRA for correction of date of birth in CNIC----Civil servant at stage of retirement could not be allowed to take any benefit regarding matter about which he himself was negligent and illiteracy or otherwise of civil servant was no ground at all----Petition was dismissed. 2003 SCMR 444, 2004 PLC (CS) 1162 & 1998 SCMR 1494, ref. THIS ORDER PASSED BY: WAQAR AHMAD SETH, JUSTICE:---.--- Ghafoor Khan, petitioner herein, through the instant writ petition seeks issuance of an appropriate writ with the following prayer:---- "It is therefore, most humbly prayed that on acceptance of the instant Writ Petition, the respondents may be directed to release the salaries of the petitioner from the date from which it was stopped with all back benefits forthwith and to decide his appeal for correction of his date of birth in his service record". 2. Brief facts of the case are that the petitioner is working as Chowkidar at GGPS Sikandar Khan Killi Tehsil Takht Bhai, District Mardan since 4.12.1995, however, on 3.5.2013, his salary was stopped verbally by the respondents and when the petitioner came to know about his incorrect date of birth recorded in his service book, he approached the respondents for correction of the same but to no avail, thus, he filed a suit for the purpose before the civil Court and a decree was passed in his favour. After passing the decree, the petitioner time and again requested the respondents to release his salaries and also filed appeal before them for correction of his date of birth but neither his salary was released nor his appeal was decided;…

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