Law:

Section:

Civil Servants (Appointment, Promotion and Transfer) Rules, 1973---R. 12A---Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, R. 12-A---Sindh Civil Services Rules [C.S.R.] Vol I, R. 171---General Financial Rules of the Federal Government (G.F.R), Vol. I, para. 116---Date of birth, alteration/rectification of---Scope---Civil Servant cannot seek alteration in his date of birth at the verge of his retirement or otherwise in a suit---Mode of correction in the date of birth of a civil servant is provided under Rule 12A of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, which is part of the terms and conditions of service of a civil servant and cannot be resorted to through the civil suit---No provision exists in Federal Civil Servant Rules or laws which may permit an alteration in the date of birth except in the case of a clerical error, and no condition is endorsed or jotted down stating that the correction should be applied for within two years. Ali Azhar Khan Baloch and others v. Province of Sindh and others 2015 SCMR 456; Dr. Muhammad Aslam Baloch v. Government of Balochistan 2014 SCMR 1723; Muhammad Khaliq Mandokhail v. Government of Balochistan through Chief Secretary, Civil Secretariat Quetta and another 2021 SCMR 595 and Inspector General of Police, Balochistan, Quetta and others v. Mohibullah 2022 SCMR 9 ref. JUDGMENT: MUHAMMAD ALI MAZHAR, JUSTICE:---.--- This Civil petition for leave to appeal is directed against the order dated 07.10.2019, passed by High Court of Sindh, Karachi, whereby the Constitution Petition filed by the petitioner was dismissed. 2. Seemingly, this Civil Petition is time barred, therefore, an application (C.M.A. No.347-K/2021) for condonation of delay was also moved by the petitioner. We have vetted the application and in agreement with the justifications set forth for explicating the cause of delay, the application is allowed and the delay is condoned accordingly. 3. The transient sequence of events of this Civil Petition is as under:- The petitioner had challenged the Office Order dated 07.03.2014, issued by the Secretary Lyari Development Authority for conveying the retirement of the…

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