Law: Specific Relief Act, 1877

Section: 42

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

Section: R.12A

Law: Service Tribunals Act, 1973

Section: 4

Law: Civil Procedure Code (V of 1908)

Section: S.151,O.XXXIX,R.1,2

Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Civil Procedure Code, (V of 1908), S. 151 & O.XXXIX, Rr. 1 & 2--Suit for declaration and injunction--Correction in date of birth--Denial to correction in date of birth--This is growing tendency amongst government employees for making attempts to change their date of birth when nearing superannuation--This vires appears to be fast spreading and needs to be effectively checked and for that purpose Hon'ble Apex Court in its numerous s since long very consistently had depreciated such tendency--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--Change of date of birth, after joining service, in Duplicate Matric Certificate, CNIC, Passport, Pay Slip issued by AGPR is not binding or applicable to respondents / government department--The law relied upon by learned counsel for appellant is not applicable in peculiar circumstances of case in hand--Appeal was dismissed. 1994 SCMR 1633; 1998 SCMR 602 & 1998 SCMR 1494 ref. Civil Servants (Appointment, Promotion and Transfer) Rules, 1973-- ----R. 12-A--Alteration in date of birth-"The date of birth once recorded at time of joining government service shall be final and thereafter no alteration in date of birth of a civil servant shall be permissible". THIS JUDGMENT DELIVERED BY: QAZI KHALID ALI, CHAIRMAN.- The appellant filed Suit No. 1991 of 2018 on 22.10.2019 before the Hon'ble Sindh High Court, Karachi praying for correction in his date of birth from "01.06.1959" to "08.12.1960" which has been remitted to this Tribunal for want of jurisdiction vide order dated 25.02.2019. The record and proceedings of the suit received from Hon'ble High Court on 05.03.2019 and this Tribunal registered the suit as an appeal under Section 4 of the Service Tribunals Act, 1973. 2. The background and facts leading to file this appeal are that the appellant filed Suit No. 1991/2018 before the Hon'ble High Court of Sindh at Karachi for declaration, direction, cancellation and injunction to declare that the correct date of birth of…

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