Case Details

Citation(s)
1998 SLG 1564 1998 SLD 1564 1998 PLC 1208
Lahore High Court
Writ Petition No. 8066 of 1997, decision dated: 2-12-1997.
CH. IJAZ AHMAD, J

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UMER HAYAT

VS

DISTRICT AND SESSIONS JUDGE, MULTAN and others

Law:

Section:

(a) Punjab Financial Rules (Vol. 1), 1953------R. 7.3---Constitution of Pakistan (1973), Art. 199---Constitutional petition--- Age---Correction of date of birth of civil servant at the fag-end of his service career--- Entitlement---Civil servant's application for effecting change in his date of birth was dismissed by appointing Authority without affording him opportunity of being heard---Effect---Application of petitioner was rejected in mechanical order which could not be termed as speaking order---Copy of of High Court was directed to be sent to Appointing Authority who was directed to look into the matter personally and pass appropriate order after providing personal hearing to petitioner strictly in accordance with law and without being influenced by the observations made by the Court in the case. Zakir Ahmad's case PLD 1965 SC 90; PLD 1987 SC 304; PLD 1988 SC 138; PLD 1963 SC 382; PLD 1985 SC 345; PLD 1992 SC 1974; PLD 1988 Lah. 658; 1995 PLC (C.S.) 1041; 1997 PLC (C.S.) 799; 1997 PLC (C.S.) 1122; Aslam Bajwa's case PLD 1974 Lah. 545; PLD 1970 SC 173; PLD 1964 SC 451; Nur Ahmad's case PLD 1964 SC 410 and 1994 SCMR 2232 ref. (b) Punjab Financial Rules (Vol. 1), 1953--- ----R. 7.3---Constitution of Pakistan (1973), Art. 199---Constitutional petition--- Age---Change m date of birth---Civil servant wanted to change his date of birth after 37 years on verge of his retirement-- -Petitioner's silence over major portion of his service would not entitle him to meet favourable response on basis of law declared by Supreme Court in cases reported as 1995 SCMR 1216; 1995 SCMR 1219 and 1971 SCMR 325. 1995 SCMR 1216; 1995 SCMR 1219; 1971 SCMR 325; 1991 MLD 824 and 1994 SCMR 1633 rel. Mirza Manzoor Ahmed for Petitioner. Tahir Haider Wasti. Asstt. A.-G. for Respondents. Date of hearing: 2nd December, 1997. ORDER Brief facts out of which the present writ petition arises are that the petitioner was appointed as Junior Clerk in 1960 and his date of birth was mentioned as 15-10-1937. Seniority list was circulated on 20-11-1996 in which the date of birth of the petitioner was recorded as 15-10-1937. The petitioner came to know his date of birth on 20-11-1996 and he verified the…
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