Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-- ---S. 4 & 5--Date of birth--Employee, a discharged Military Serviceman, at verge of retirement after putting in 33 years service--Date of birth of such employee was recorded as per Matric Certificate at time of recruitment but same was ordered to be changed to one recorded in Military Discharge Certificate which brought his date of superannuation nearer--Appellant got no advantage of his previous service and he was not given any pension /gratuity at time of his discharge from Army nor his service counted towards his pension in civil service--Date of birth allowed to be taken as recorded in Matric Certificate presented at time of his recruitment in establishment. (b) Interpretation of statutes- ---Rules--All Rules and Regulations primarily act as a guide in decision making process--Each case is to be analysed in light of its peculiar circumstances. Appellant in person. Muhammad Amir Akbar Khan for the State. Date of hearing: 14th July, 1986. JUDGMENT CH. A. RAHMAN KHAN (MEMBER).--The appellant Muhammad Anwar Malik, Principal Foreman PL. No. 92196, Technical Executive Coord. Pakistan Ordnance Factories, has appealed against the impugned orders vide C.A.0's letter No. 4119/4866/OF-I/B, dated 19-8-1985 according to which his date of birth recorded at the time of his recruitment in P.O.Fs on the authority of the Matriculation Certificate i.e.. 28-11-1927 has been amended to read as 26-9-1926 as per his Military Discharge Certificate. 2. The facts of the case are that the appellant passed his Matric examination in 1944 in which his date of birth was recorded as 28-11-1927 and joined the Army on 26-9-1945 as Hav./Clk. He was discharged from the Pakistan Army, on 4-4-1951. The appellant was enrolled in P.O.Fs. on 12-2-1952 where he is still serving. The appellant in person submitted that he produced his Military Discharge Certificate at the time of recruitment and his date of birth was recorded as per Matric Certificate i.e. 28-11-1927 which was accepted by the competent authority since his recruitment i.e. in 1952. No objection was ever raised by anyone on the recording of his date of birth as mentioned above. In 1965 the…

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