Law:

Section:

(a) North-West Frontier Province Service Tribunals Act (I of 1974)-- ---S. 4--Retirement--Date of birth--Appellant retired from service on attaining age of superannuation by counting his date of birth according to medical certificate and not according to School Leaving Certificate/Matriculation Certificate which was appended with service record of appellant--Held, retirement of appellant was to take effect keeping in view date o is birth recorded in School Leaving Certificate and not otherwise--Medical Officer, held further, could not give exact date of birth of a person although number of years/estimated age of an individual could be opined by him. (b) North-West Frontier Province Service Tribunals Act (I of 1974)-- ---S. 4--Retirement--Date of birth--In presence of School Leaving Certificate, no reliance, held, could be placed on medical certificate. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).--Appellant Mehtab-ud-Din was serving as D.S.P. Banda baud Shah, District Karak when on 27-9-1987 he received the impugned order vide which he was informed that on reaching the age of superannuation he will be retired from service on 7-1-88. He accordingly approached the authority for seeking his redress regarding his correct date of birth as 23-12-1928 and not 8-1-1928. His representation was duly recommended by respondent No.l and respondent No.3 but respondent No.2 did not accede to the request; hence the present appeal. According to the appellant he joined the department as a Foot Constable on 11-1-1948. He had passed the matriculation examination, therefore, the copy of the said certificate was attached with the service record. However, to his utter- dismay he came to know about the wrong entry of the date of birth in his service record in the year 1985 when the seniority list was published and he applied for the correction of the same and later on was informed that the needful has been done. However vide impugned order the same problem again arose which was not considered in the light of the material produced by him. Learned counsel for the appellant argued that it is not a case of the correction of the date of birth after such a long period of service of 40…

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