Case Details

Citation(s)
2022 SLG 1719 2022 SLD 1719 2022 PLJ 6
Supreme Court of Pakistan
C.A. No. 579 of 2021, decided on 2.11.2021. (Against judgment dated 28.01.2021 of Balochistan Service Tribunal, Quetta passed in Service Appeal No. 132 of 2020).
GULZAR AHMED, CJ AND IJAZ-UL-AHSAN, J.
Mr. Muhammad Ayaz Khan Swati, Additional AG, Balochistan for Appellant. Raja Jawad Hassan Khan, ASC (Via Video Link Quetta) for
Respondent.

IGP, BALOCHISTAN, QUETTA and others--Appellants

VS

MOHIBULLAH

Law: Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009

Section: 11

Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009-- ----R. 11--Elevation to rank of DSP--Issuance of letter regarding retirement date by CPO office--Alteration in date of birth--Non-acceptance of letter regarding alteration in date of birth--Appeal--Allowed--Challenge to--Date of birth once written in service record at time of entering into service cannot be altered in any case it cannot be done after two years--Law established by this Court in cited s and thus Tribunal made a serious mistake of law in coming to conclusion which it did in impugned -- Respondent gave his date of birth at time of entering into service as 20.01.1960 and that until November, 2019 Respondent had no cavil with such entry of date of birth in record of his service--Judgment of Tribunal impugned before us is not sustainable in law, being against well settled principles of law on point--Appeal allowed.    [Pp. 8 ,  9] A, B, C, D ,  E 2021 SCR 595, 2020 SCMR 1678 and 2014 SCMR 1723 ref. ORDER Gulzar Ahmed, CJ.--We have heard the learned Additional Advocate General, Balochistan as well as learned ASC for the Respondent, who has appeared through video link from Quetta and gone through the case record. It appears that the Respondent Mohibullah was employed as an Assistant Sub-Inspector in Balochistan Police and elevated to the rank of DSP. At the time of his entering into government service, the Respondent himself filled in a form of character and service roll dated 24.01.1980. In the column of date of birth of the said form, he mentioned his date of birth as 20.01.1960. It seems that vide letter dated 30.09.2019 issued by the Central Police Office, Balochistan Quetta, retirement date of the Respondent on his attaining the age of superannuation was communicated to him. It was mentioned in the list attached with the said letter that as his date of birth is 20.01.1960 therefore he will be retiring from service on 19.01.2020. The Respondent through his letter in November, 2019 available at page 34 of the paper book seems to have responded to the letter of the CPO dated 30.09.2019 in which for the first time he informed that his date of birth as per…
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