| Citation(s) |
|---|
| 2022 SLG 1259 2022 SLD 1259 2022 PLC 1128 |
Supreme Court of Pakistan
Civil Petition No. 677-K of 2019, decided on 16th February,2022.
SAJJAD ALI SHAH AND MUHAMMAD ALI MAZHAR, JJ
Naveed Ahmed Khan, Advocate Supreme Court and Ms. Abida Parveen Channar, Advocate-on-Record for Petitioner.Miran Shah, Additonal A.G. Sindh, K.A. Wahab, Advocate-on-Record, Irfan Ali Abro, Law Officer and Ali Gul Jalbani, S.O. for Lyari Development Auth
Civil Petition No. 677-K of 2019, decided on 16th February,2022.
SAJJAD ALI SHAH AND MUHAMMAD ALI MAZHAR, JJ
Naveed Ahmed Khan, Advocate Supreme Court and Ms. Abida Parveen Channar, Advocate-on-Record for Petitioner.Miran Shah, Additonal A.G. Sindh, K.A. Wahab, Advocate-on-Record, Irfan Ali Abro, Law Officer and Ali Gul Jalbani, S.O. for Lyari Development Auth
MANZAR ZAHOORvsLYARI DEVELOPMENT AUTHORITY and another
Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973
Section: 12A
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 R.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. Date of hearing: 16th February, 2022. JUDGMENT MUHAMMAD ALI MAZHAR, J.---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 petitioner with effect from 22.03.2013. According to the backdrop of the events, the petitioner had moved a representation to the competent authority for rectification of his date of birth which was corrected pursuant to the Notification dated 12.08.2013 issued in exercise of powers conferred by Rule 171 of the Sindh Civil Services Manual Volume-I. His…
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