| Citation(s) |
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| 2025 SLG 4286 2025 SLD 4286 = 2025 PLC 566 |
Constitution Petition No.1219 of 2024, decided on 16th October, 2024.
Before Muhammad Hashim Khan Kakar, CJ and Muhammad Aamir Nawaz Rana, J
Dawood Khan Nasar, Registrar Balochistan High Court (petitioner in person) assisted by Malik Shoaib Sultan, Deputy Registrar (Admin:) Balochistan High Court. Muhammad Asif Reki Advocate General Balochistan assisted by Zahoor Ahmed Baloch, Additional Advocate General, Babar Khan, Secretary Finance, GoB, Syed Faisal Ahmed, Secretary S&GAD, GoB, Rehmatullah, Additional Secretary (Regulation) Finance Department, Najeeb-ur-Rehman, Law Consultant Finance Department, Muhammad Rafiq, Additional Secretary (Regulation) S&GAD and Noor Hussain Additional Secretary (Judicial) S&GAD for
Respondents. Date of hearing: 23rd September, 2024.
REGISTRAR HIGH COURT OF BALOCHISTAN, QUETTA
VERSUS
GOVERNMENT OF BALOCHISTAN through Chief Secretary, Quetta and others
Law: Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009
Section: R.11
(a) High Court Establishment (Appointment and Conditions of Service) Rules, 2020---
----Rr. 10 & 46---Alteration/change in the date of birth---Powers of Pension Cases Disposal Committee (PCDC) to alter the date of birth of in-service employees of Balochistan High Court---Scope---Matter relating to terms and conditions of service---Remedy---Pension Cases Disposal Committee (PCDC) altered the date birth of in-service employees of Balochistan High Court Establishment---Validity---Pension Cases Disposal Committee (PCDC) was constituted to facilitate and dispose of the pension cases of retired civil servants which could not be disposed of by the administrative departments because of loss/tempering of service book, clerical error, alteration in date of birth or objection raised on the pension cases by the Accountant General Balochistan---Pension Cases Disposal Committee (PCDC) had changed the dates of birth of certain employees of Balochistan High Court Establishment without any jurisdiction and lawful authority---Services of the employees of Establishment of Balochistan High Court were governed under the High Court Establishment (Appointment and Conditions of Service) Rules, 2020 (Rules, 2020), thus, relevant provisions relating to date of birth of an employee of the High Court establishment required judicial examination---As per R.10 of the Rules, 2020, date of birth of an employee shall be final if once entered in the record and it can only be challenged within one year of his entry in service---For matters relating to the terms and conditions of service of an employee of High Court Establishment, forum of Appellate Authority had been defined under R.46 of the Rules, 2020---Scrutiny of the orders/decisions of the PCDC in respect of change of date of birth of in-service employees of High Court Establishment and others showed that the incorporation of wrong dates of birth into the SAP system of Accountant General's Office had also been taken into account which was otherwise an illegality and irregularity warranting interference by High Court---Constitutional petition was disposed of declaring the decision of PCDC as to change of date of birth of employees of High Court as of no legal effect and were set aside and their dates of births were restored.
(b) Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009---