Law:

Section:

North-West Frontier Province Service Tribunals Act (I of 1974)--- ---S. 4--North-West Frontier Province Civil Servants Act (XVIII of 1973) , S. 13--Retirement on completion of sixtieth year of age--Date of birth of appellant entered as 18-12-1925 in relevant column of his Service Book and same page of Service Book bearing appellant's signature--Appellant, after passing of impugned order, challenging correctness of said entry of date of birth by producing School Leaving Certificate which showed his date of birth . as 6-1-1931--Appellant having kept quiet over a continuous wrong, held, was debarred from challenging the same after a long delay--Oar of retirement not having been passed on completion of 60 years age but about two months thereafter, due to inaction of the Department, appellant continuing to work till 28-2-1987--Appellant, held, was entitled to emoluments for the period he actually worked on the post and Department could not recover such emoluments from his pension/ gratuity. Abdul Waheed for Appellant Muhammad Latif Khan, Special Government Pleader for Respondents. Date of institution: 3rd August, 1987 JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN). --Qadeemullah, the appellant was serving as Naib Qasid in the Cooperative Societies, Sardheri, Tehsil Charsadda; District Peshawar, when he received the order dated 4-4-1987 vide which he was retired from service from 18-12-1985 with the direction to deposit the pay and allowances for the period from 18-12-1985 to 28-2-1987/recovery from pension and gratuity of the appellant, the said pay and allowances. According to the appellant he joined the department as Naib Qasid some 17 years before and his date of birth entered in the School Leaving Certificate is 6-1-1931 which fact was communicated to the respondents and according to the said date of birth he was to retire from service on 6-1-1991. Due to certain facts his date of birth was wrongly entered in the service book and accordingly he was retired from 18-12-1985 on completion of 60 years and was directed through the impugned letter for the recovery of the emoluments received by him from 18-12-1985 to 28-2-1987, despite the fact he actually worked…

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