Case Details

Citation(s)
1980 SLG 3042 = 1980 SLD 3042 = 1980 PLC 90
Service Tribunal Punjab
Case No. 345 of 1977.
Presented By: M. Saleem Chaudhry, Chairman and Khalid Faruq, Member
Appellant in person.

INAYAT HUSSAIN

VERSUS

SENIOR CIVIL JUDGE, LAHORE AND 2 OTHERS

Law:

Section:

Civil service Date of birth-Change of-Request made after 26 years of entry into service-Delay explained as due to ignorance of alleged erroneous entry-Request, held, against Government policy and instruction and rightly rejected-Punjab Financial Rules, Vol. I, r. 7'3 and Circular Letter dated 4-9-1975.                                                                                                              ORDER M. SALEEM CHAUDHRY (CHAIRMAN).-----The appellant in this case was a refugee from Patiala State which forms part of India and was recruited as a Peon by the Senior Civil Judge, Lahore, on 18-4-1950. His date of birth as mentioned in the Service Book is 28th September, 1919, which the appellant now challenges. At the relevant time he was serving as Orderly/Peon with the Senior Civil Judge, Lahore. It was in 1976, that the appellant for the first time challenged his date of birth on the plea that it was then that he came to know of this wrong entry. According to the appellant in the area of his origin i. e. Patiala State the calendar was reckoned according to the Bikarmi system and his date of birth in that system is 15 Asuj 1932, Bikarmi which when converted into Christian calendar should come to 28-9-1925. The appellant's request for change of his date of birth from 28th September, 1519, to 28th September, 1925, was rejected by the Senior Civil Judge on the ground of latches as according to the rules such a request could be entertained within a period of two years from the date of joining service. Appellant's appeal against the aforesaid order of Senior Civil Judge to the District & Sessions Judge, Lahore, was also rejected on the same ground. In this connection, rule 7.3 of the Punjab Financial Rules, Vol. V and Government circular letter dated 4-9-1975 were relied upon by both the departmental authorities. 2. We are not impressed by the arguments advanced by the…
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