Law: Constitution of Pakistan, 1973

Section: 9,14

(a)    Civil service-------Correction in date of birth---Scope---Different dates of birth in service book and Computerized National Identity Card (CNIC)---Delay in releasing pension and retirement benefits---Effect---Employee did not approach the department during the currency of his service for correction of his date of birth---Petitioner/wife of retired/deceased employee claimed family pension and retirement benefits on the basis of date of birth mentioned in CNIC---Held: Date of birth of a civil servant, once recorded in the service book and other official records at the time of entry into government service, cannot be altered except in cases where clerical error occurred in recording the correct date of birth or as permitted under the exceptions explicitly provided in the relevant Rules---Deceased employee never approached the department to rectify his date of birth during his lifetime, thus, petitioner after his death/retirement could not seek rectification of date of birth of her husband--Petitioner was held entitled to pensionary benefits of her deceased/retired husband and department was directed to release the said benefits, which were to be calculated from the entries of service book---Constitutional petition was disposed of, in circumstances.Chief Secretary Government of Balochistan, Quetta and others v. Asmatullah Kakar 2020 SCMR 1678; Qamaruddin v. Pakistan through Secretary, Establishment Division, Islamabad and another 2007 SCMR 66; Dr. Muhammad Aslam Baloch v. Government of Balochistan through Secretary Health Department and others 2014 SCMR 1723, Ali Azhar Khan Baloch and others v. Province of Sindh and others 2015 SCMR 456; Dr. Zulfiqar Ahmed Malik v. Federation of Pakistan through Secretary Revenue Division, Chairman FBR, Islamabad and others 2019 SCMR 1973 and Muhammad Khaliq Mandokhail v. Government of Balochistan C.P.No.4428 of 2019 rel.(b)    Constitution of Pakistan-------Art. 9---Civil service---Pension and retirement benefits, denial of---Article 9 of the Constitution guarantees the right to life and liberty, which extends to the protection of a person's livelihood and the basic dignity of human…