Law: Constitution of Pakistan, 1973

Section: 199

Summary — Date of Birth in Service Record Core issue: The petitioner sought correction of his date of birth in the government service record from 25.07.1958 to 01.05.1961, so that he could continue in service until 30.04.2021. Key findings: Petitioner relied on his CNIC, School Leaving Certificate, and Civil Court decree dated 14.03.2006. The Court held that the CNIC could not independently establish the claim, as its correction was based on the decree. The department was not a party to the civil suit, so the decree could not be enforced against it. The School Leaving Certificate was considered questionable because it was issued about 25 years after the petitioner left school. He joined government service in 1987 with DOB 25.07.1958 and did not challenge it for many years. His appointment had actually involved four years' upper-age relaxation, based on the original date of birth. Rule 12A of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 provides that the DOB recorded at the time of joining government service is final and cannot subsequently be altered. The petitioner sought correction after more than three decades, making the claim highly belated. The Court relied on Supreme Court precedent emphasizing that belated attempts to alter DOB in service records, particularly after many years of service, cannot ordinarily be entertained. Legal core: A civil servant's date of birth recorded at the time of entry into government service is final under Rule 12A, subject only to exceptions provided by the applicable rules. A belated claim for alteration after decades of service cannot be used to extend the employee's service tenure. Result: The petitioner failed to establish a case for interference under Article 199 of the Constitution. The writ petition was dismissed.         ORDER SHEET ARBAB MUHAMAMD TAHIR, J: Through the instant writ petition, petitioner has prayed for a direction against the respondents to correct his date of birth in service record,  according to his CNIC all adverse orders to this effect be recalled and he be allowed to continue service till his age of superannuation i.e. 30.04.2021.…