Law:

Section:

Qanun-e-Shahadat (10 of 1984)-------Art. 49---Constitution of Pakistan (1973), Art. 212(3)---Age---Petitioner having reached age of superannuation still remained serving for some time--­Authority on knowledge of such fact recovered emoluments paid to petitioner between the period of his superannuation and actual retirement--Petitioner's plea that at least refund of salary for the period he actually performed his duties could not be justified by the concerned Department, was repelled by Departmental Authority and Service Tribunal---Validity---Petitioner's contention was found to be without merit---Petitioner being well aware that his date of birth was 3-3-1932 did not inform concerned Authorities about the same and he continued to be in service after reaching age of his superannuation ---Department concerned was although required to take notice of petitioner's retirement yet petitioner also did not act bona fide ­Petitioner's appeal before Service Tribunal had been dismissed as barred by limitation---Application for condonation of delay would be of no consequence---Leave to appeal to Supreme Court was refused in circumstances. Syed Asghar Hussain Sabzwari, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Petitioner. Nemo for Respondents Date of hearing: 10th December, 1997 ORDER MAMOON KAZI, J.---The petitioner was initially appointed on 11-2-1953 as Assistant Lineman in the Electricity Department on work-charge basis showing his date of birth as 3-3-1932. Subsequently, after coming into force of WAPDA Act, the petitioner's services alongwith others, were transferred to WAPDA. The petitioner showed the same date of birth at the time of regularisation of his service in WAPDA. 2. While the petitioner was still serving in the WAPDA, on 17-10-1992, the Executive Engineer, Mian Wali addressed a letter to him, informing him that his date of birth was shown in the record as 1-1-1939. The petitioner was, therefore, asked to supply solid and authentic proof in regard to his date of birth. He was also directed to produce record of Union Council or Municipal Committee and also his school leaving certificate. 3. Although, the petitioner appears to have…

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