Law:

Section:

(a) Balochistan Service Tribunals Act (V of 1974)-------S. 4---Balochistan Civil Servants. (Appeal) Rules, 1983, R.S(4)---Appeal---Limitation---Respondent/authorities contested appeal. filed by the appellant, contending that appeal was time-barred-Aggrieved person after exhausting departmental remedy would file appeal before the Service Tribunal within 30 day's---Aggrieved person was required to wait for a period of 90 days for filing of representation, thereafter, within 30 days he could prefer appeal to Service Tribunal---In the present case departmental representation, filed by the appellant had been dismissed by the competent authority on 19-4-2008, appeal presented on 26-4-2008 was well in time---Even otherwise the law would favour adjudication on merits, rather denying relief on technical grounds of limitation. (b) Balochistan Service Tribunals Act (V of 1974) --- ----S. 4---Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 1979, R.12-A---Matter regarding determination of age of employee---Appeal, maintainability of---Advocate-General had contended that Service Tribunal had no jurisdiction to adjudicate upon the matter as determining of age of the appellant was not related to the terms and conditions of his service and that after insertion of R.12-A in the Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 1979, appeal was not maintainable---Validity---Under R.12-A of Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 1979 and General Financial Rules, 116 & 117, the date of birth once recorded at the time of joining the government service, would be final and no alteration was permissible as these provisions had barred the power of the Government, while making any sort of alteration in the date of birth of a civil servant; and it would not bar the jurisdiction of Service Tribunal to redress the grievance of a civil servant in appropriate cases---Contention of Advocate-General was, repelled, in circumstances---Determination of date of birth was one of the most pivotal, crucial terms and conditions of service of a civil servant; because, it determined the date of retirement---Determination…

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