Case Details

Citation(s)
2020 SLG 1575 2020 SLD 1575 2020 SCMR 1678
Supreme Court of Pakistan
Civil Appeal No. 507 of 2020, hearing & decision Dated: 18-07-2020 (Against the judgment Dated 30.09.2018 passed by the Balochistan Service Tribunal Quetta in Service Appeal No. 611 of 2018)
IJAZ UL AHSAN, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Arbab Muhammad Tahir, A.G. Balochistan (in video link from Quetta), and Ayaz Khan Swati, Additional A.G. Balochistan (from Islamabad) for Appellants. M. Akram Shah, Advocate Supreme Court (via video link from Quetta (appeared without filing of enter appe

CHIEF SECRETARY, GOVERNMENT OF BALOCHISTAN, QUETTA AND OTHERS

VS

ASMATULLAH KAKAR

Law:

Section:

Balochistan Government Initial Appointment to Civil Service Posts (Age and Relaxation of Upper Age Limit), Rules, 2012--- ----R. 3(6)---Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009, R. 11---Civil servant---Date of birth, change in---Principles---Date of birth of a civil servant once recorded in his service book and other service record at the time of his entry into the Government service could not be changed, except where an error occurred in recording the correct date of birth on account of a clerical error or in accordance with the exceptions provided in the Rules themselves. Before joining service the respondent-civil servant filed an application form in order to sit for the civil service examination. In the said form which the respondent filled in his own hand and was duly signed by him, he mentioned his date of birth as 08-01-1959. The form was accompanied by his Secondary school certificate which also reflected the same date of birth. Likewise, the same date of birth was entered in his service record from the day he joined service and was not changed within the time frame provided by law. Date of birth of a civil servant once recorded in his service book and other service record at the time of his entry into the Government service could not be changed, except where an error occurred in recording the correct date of birth on account of a clerical error or in accordance with the exceptions provided in the Rules themselves. In this respect all relevant service rules including Rule 3(6) of the Balochistan Government Initial Appointment to the Civil Service Posts (Age and Relaxation of Upper Age Limit) Rules, 2012 as well as the Balochistan Civil Servants (Appointments, Promotions and Transfers) Rules, 2009 were clear and categorical. It was never the case of the respondent that his case fell within any of the exceptions or that his date of birth was wrongly recorded on account of a clerical error. Qamaruddin v. Pakistan through Secretary, Establishment Division, Islamabad and another 2007 SCMR 66; Dr. Muhammad Aslam Baloch v. Government of Balochistan through Secretary Health Department and others 2014 SCMR 1723, Ali Azhar Khan…
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