Law:

Section:

Civil service--- ----Age---Date of birth---Correction of---Date of birth of civil servant as mentioned in Matriculation certificate was changed in pursuance of decree of Civil Court, but Department concerned refused to change date of birth contending that date of birth once entered in school could not be changed---In view of decree of Court with regard to charge of date of birth and duplicate certificate duly issued by University with regard to change according to decree of Court, Department should have changed date of birth accordingly and refusal of department to charge same was a discriminatory treatment which was bad in law and against norms of justice---Service Tribunal accepting appeal of civil servant, directed department to correct date of birth of civil servant in the light of decree of Civil Court in that regard. Sh. Riazul Haq for Appellant. Noor Ahmed Khan for Respondents. Date of hearing: 8th December, 1994. JUDGMENT MUHAMMAD ILYAS LODHI (MEMBER).---The appellant Muhammad Nawaz Khan, Superintending Engineer, Swabi, SCARP, Circle 11, WAPDA, Mardan has come in appeal against the impugned order dated 20-9-1994 which reads as under:-- "According to Rule 116 of Finance Division, Government of Pakistan General Financial Rules, Vol. I (copy enclosed for ready reference) date of birth once recorded cannot be altered, except in case of a clerical mistake, without previous orders of the local administration. . The officer may please be informed accordingly."' The appellant submitted a departmental appeal on 24-7-1994 which was rejected on 20-9-1994 and conveyed to the appellant on 4-10-1994. He came to the Tribunal with the present appeal under section 4 of the Service Tribunals Act, 1973 on 27-10-1994 for change of date of birth as 16-1-1938 instead of 20-3-1935. 2. The case of the appellant in a nutshell is that at the time of his admission in the school the father of the appellant got entered the date of birth of the appellant as 20-3-1935 by mistake. The said date was also recorded in his Matriculation Certificate which was issued by the Controller of Examinations, Peshawar University, Peshawar (respondent No. 3). When this mistake came to the knowledge…

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