| Citation(s) |
|---|
| 1976 SLG 683 1976 SLD 683 1976 PLC 144 |
Federal Service Tribunal, Islamabad
Appeal No. 681 (R) of 1974; decided on 4th August 1975.
MUHAMMAD DAUD KHAN, CHAIRMAN, G. D. MEMON AND S. BARKAT AHMED, MEMBERS
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Appeal No. 681 (R) of 1974; decided on 4th August 1975.
MUHAMMAD DAUD KHAN, CHAIRMAN, G. D. MEMON AND S. BARKAT AHMED, MEMBERS
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S. H. HAQQI
VS
FINANCIAL ADVISER (DEFENCE), FINANCE DIVISION (MILITARY), ISLAMABAD
Law:
Section:
Civil Services- -- Retirement-Date of birth -Correction of-Local Government, after due consideration of evidence on record, rejecting request for correction of date of birth-Decision of Local Government found to be correct and upheld-G. F. Rules, Vol. 1, para. 116. ORDER MUHAMMAD DAUD KHAN (CHAIRMAN).-This is an appeal under section 4 of the Service Tribunals Act, 1973, by S. H. Haqqi, Junior Controller of Military Accounts. The precise point involved is the correct date of birth. Service Record, as per his own statement and the Matriculation Certificate fixes it at 16-9-1916. His contention is that it is erroneous to the extent of making him order to his elder brother. 2. Relying on Medical Certificate dated 11th May, 1974 based on affidavit of the appellant; clinical and physical examination; supporting evidence of relative difference of ages, the appellant intends it to be 16-9-1919, giving him another three years in service. Supporting evidence is found in affidavit of Mr. Suffrul Haq Huqqi, the elder brother of the appellant that the appellant is younger to him by two years. Qazi Mukhtar Ahmad, Khawaja Akhtar Hussain and Abdul Saeed Khan, similarly certify that the appellant was their colleague in school and was younger to his brother Saffrul Haqqi. On the basis of this evidence the appellant applied to the Government for rectification of the error but Finance Division declined to interfere at this late stage. He was conveyed the result on 29-6-1974. Similar other representation was rejected vide letter dated 5th of August, 1974. It is now contended that representation was not considered at proper level and that irrebutable presumption attached to the Matriculation Certificate is unjustified in law. 3. Respondents contested the appeal on the factual ground of want of due evidence. Certain technical objections were also hazarded as to the competence of appeal, bar of limitation, maintainability of appeal and misjoinder of parties; yet main, reliance being placed by both the parties on G. F. R. Vol. 1, para. 116, other objections were not urged. Para. 116, reads as under:- "Every person newly appointed to a service or a post under Government should at the…
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