Law:

Section:

(a) Civil service- --Locus poenitentiae-Recalling of order-Order acted upon recal­led to disadvantage of person concerned-Such action prohibited by law. (b) Sind Service Tribunals Act (XV of 1973)-- ---S. 4 (a)-Sind Civil Servants (Appeal) Rules, 1980, r. 3 (I)-­Appeal before Tribunal-Not maintainable unless aggrieved civil servant has preferred as appeal or application for review or represen­tation to departmental authority - No departmental appeal filed within prescribed period of 30 days against impugned order­-Belated departmental appeal after 5 years, held, will not satisfy requirement of S. 4 (a). S. Hashim Hussain Naqvi for Appellant. A. A. Muhammedally, A.A.-G. for Respondents. JUDGMENT MUSHTAK ALI KAZI -(CHAIRMAN).-The appellant, a retired Diniyat Teacher, Government Khatoon-e-Fatima High School, Sanghar, has preferred this service appeal under section 4 of the Sind Service Tribunals Act, 1973 to claim grant of pension under the following circumstances :-- The appellant was appointed as Diniyat Teacher on 16th August, 1962 by the then Principal, Khatoon-e-Fatima High School, Sanghar. The year of birth according to his appointment letter was 1921. In the year 1972 the Civil Surgeon, Sanghar issued a medical certificate in which the age of the appellant was shown to be 50 years on 13th September, 1972. However, a discrepancy with regard to the year of birth crept in because the character roll of the appellant pro forma mentioned the date of birth of the appellant as the year 1911 instead of 1921. This pro forma was issued by the Principal. Acting on this pro forma the Deputy Director, Schools was informed that the appellant would reach the age of superan­nuation on 1st October, 1972. The appellant was then conditionally retired from service by the Principal/Head Master of the High School. The appellant preferred a representation against this retirement to the District Education Officer, Sanghar. The D. E. O., Mr. Muhammad Naseemullah, examined the whole case thoroughly and passed a detailed order accepting the year of birth of the appellant to be 1921 as recorded in his letter of appointment. He accordingly revised the order of retirement of the…

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