| Citation(s) |
|---|
| 1995 SLG 327 1995 SLD 327 1995 SCMR 1219 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 441 of 1994, decided on 14th February 1995.
MANZOOR HUSSAIN SIAL AND MIR HAZAR KHAN KHOSO, JJ
Maulvi AnwarulHaq, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate on Record for Petitioner. M. Kowkab Iqbal, Advocate Supreme Court (absent) for
Respondent.
Civil Petition for Leave to Appeal No. 441 of 1994, decided on 14th February 1995.
MANZOOR HUSSAIN SIAL AND MIR HAZAR KHAN KHOSO, JJ
Maulvi AnwarulHaq, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate on Record for Petitioner. M. Kowkab Iqbal, Advocate Supreme Court (absent) for
Respondent.
PAKISTAN BROADCASTING CORPORATION
VS
Subedar Major (Retd.) ABDUL RAZZAQ--Respondents
Law: Constitution of Pakistan, 1973
Section: 185(3)
Constitution of Pakistan (1973) Art. 185(3) Civil service Age Dispute relating to date of birth of employee Employee had joined statutory Corporation after his retirement from Army where his date of birth was recorded as 16 9 1927 Employee while joining service of the Corporation had got recorded his date of birth as 16 4 1929 which was, however, subsequently corrected by the Corporation ¬Employee’s suit relating to his date of birth as falling in 1929 was decreed ¬Appellate Court set aside decree of Trial Curt High Court in revision restored decree of Trial Court and set aside that of Appellate Court -Validity Corporation had claimed that employee had joined Army in 1943 at the minimum age of 16 years, thus, his date of birth falls in 1927; its further claim was that birth certificate produced by employee showing date of birth in 1929 belonged to another person of different name; and that High Court and Trial Court had erred in passing decree in favour of employee on basis of evidence on record Leave to appeal was granted to consider whether date of birth of employee falls in 1927 or 1929 and for that purpose evidence produced by parties required reappraisal: [Age]. ORDER MIR HAZAR KHAN KHOSO, J.The petitioner seeks leave to appeal against the judgment dated 8 6 1994 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi. 2. The facts giving rise to this petition, are that respondent Subedar Major (Recd.) Abdul Razzaq filed a suit for declaration to the effect that his date of birth according to the birth certificate is 16 4 1929, but not 16 9 1927. It may be observed that he joined Pakistan Army on 16 8 1943 at minimum age of 16 years, according to which his birth date falls on 16 9 1927. The respondent then joined service in Pakistan Broadcasting Corporation on 22 8 1975 as Security Officer, where he showed his date of birth as 29 3 1929. However, in the year 1986 the petitioner changed the date of birth of the respondent to 16 8 1927. He, therefore, filed a suit before the Court of Civil Judge, IInd Class, Islamabad, challenging his birth date. The suit was resisted by the petitioner. On pleading of the parties following 10 issues were…
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