| Citation(s) |
|---|
| 2019 SLG 3022 2019 SLD 3022 2019 SCMR 1973 |
Supreme Court of Pakistan
Civil Petition No. 2098 of 2019, decision & hearing Dated: 31-05-2019. (Against the judgment Dated 23.05.2019, passed by the Federal Service Tribunal, Islamabad in Appeal No. 543(R)CS/2019)
GULZAR AHMED, JUSTICE YAHYA AFRIDI, JUSTICE
Petitioner(s) by: Hasnain Ibrahim Kazmi, Advocate Supreme Court and Mehmood Ahmed Sheikh, Advocate-on-Record
Respondent(s) by: Nemo
Civil Petition No. 2098 of 2019, decision & hearing Dated: 31-05-2019. (Against the judgment Dated 23.05.2019, passed by the Federal Service Tribunal, Islamabad in Appeal No. 543(R)CS/2019)
GULZAR AHMED, JUSTICE YAHYA AFRIDI, JUSTICE
Petitioner(s) by: Hasnain Ibrahim Kazmi, Advocate Supreme Court and Mehmood Ahmed Sheikh, Advocate-on-Record
Respondent(s) by: Nemo
DR. ZULFIQAR AHMED MALIK
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY
Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973
Section: R.12A
Law: Constitution of Pakistan, 1973
Section: 212(3)
Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----R. 12A---Constitution of Pakistan, Art. 212(3)---Alteration in the date of birth of a civil servant---Applicability of R. 12A of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973---Substantial question of law in terms of Art.212(3) of the Constitution---Scope---Appellant impugned order of Service Tribunal whereby his petition seeking change of his date of birth was dismissed--- Contention of appellant, inter alia, was that R. 12A of Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 could not be applied to the matter of his date of birth as doing so would be applying the same retrospectively--- Validity---- Question of retrospective applicability of R. 12A of Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 was not germane to the matter as the said Rule was made when appellant was already in service and he could not claim any vested right in Rules which were alterable by the Government and against which there was no embargo---Supreme Court observed that no substantial question of law of public importance in terms of Art. 212(3) of the Constitution was made out and leave to appeal was therefore refused. Water and Power Development Authority v. Irtiqa Rasool Hashmi and another 1987 SCMR 359 rel. THIS ORDER PASSED BY: GULZAR AHMED, J.--- We have heard the learned counsel for the petitioner. The petitioner's case before the Federal Service Tribunal was that of a change of his date of birth from 01.06.1959 to 8.12.1960. The Tribunal after hearing the…
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