Law:

Section:

(a) Qanun-e-Shahadat (l0 of 1984)--Art. 49---Constitution of Pakistan (1973), Art. 212(3)---Age---Correction of date of birth in Matriculation Certificate on basis of decree of Civil Court--­Employer, however, did not correct date of birth of employee in service record---Service Tribunal on appeal of employee directing employer to correct his date of birth---Validity---Leave to appeal to Supreme Court was granted to consider; contention of employer that employee joined its service as Junior Engineer on 8-9-1962 and his date of birth mentioned in his Matriculation Certificate was entered in his service record; that during last 30 years or so, he never raised any objection to his date of birth as entered in service record and now that he was retiring on 20-3-1995, he had come up with decree from Civil Court with a view to gain some more years in service; that employer was not bound by decree of Court for being party thereto. M.R. Khalid v. Chief Secretary, Punjab 1994 SCMR 1633 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 49---Constitution of Pakistan (1973), Art. 212---Age---Correction of date of birth on basis of decree of Civil Court---Appellant's contention, that its department having not been impleaded in suit filed by respondent, was not bound by such decree might be legally correct but respondent had rightly pointed out that appellant had been showing favour to certain employees in identical circumstances while denying the same to others---Service Tribunal in impugned also found that appellant had not been following any consistent uniform. policy in that regard---Appellant on factual plane had not challenged finding of Service Tribunal---No plausible explanation was offered for meeting out different treatment to persons placed in identical circumstances---Order passed by Service Tribunal directing correction of date of birth by respondent was maintained in circumstances. Muhammad Ilyas Khan, Advocate Supreme Court for Appellants. Sh. Riazul Haque, Advocate Supreme Court ad Ejaz Muhammad Khan, Advocate-on-Record for Respondent No. 1. Date of hearing: 11th March, 1996 JUDGMENT SAIDUZZAMAN SADDIQUI, J.---Respondent No. 1, an employee of appellants, who…

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