| Citation(s) |
|---|
| 1999 SLG 1000 1999 SLD 1000 1999 PLC 765 |
Service Tribunal, Sindh
Appeal No. 6 of 1995, decision dated: 5-06-1995.
MUNAWAR ALI KHAN, CHAIRMAN, S. NASIM HAIDER AND PIR ABDUL HAQU, JAN SIRHINDI, MEMBERS
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Appeal No. 6 of 1995, decision dated: 5-06-1995.
MUNAWAR ALI KHAN, CHAIRMAN, S. NASIM HAIDER AND PIR ABDUL HAQU, JAN SIRHINDI, MEMBERS
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ISHAAT ALI KHAN
VS
THE SECRETARY, HOME DEPARTMENT GOVERNMENT OF SINDH, KARACHI
Law:
Section:
Civil service------- Date of birth---Determination---Date of birth as mentioned in service record of civil servant was based on Medical Certificate and was challenged by civil servant on basis of Matric Certificate issued after more than four years of his appointment---Entries made in Matric Certificate with regard to date of birth of civil servant were based on civil servant's own information--Matric Certificate, thus, could not be held as authentic overriding entries already made in service record of civil servant on basis of authentic Medical Certificate---Even otherwise, civil servant could not challenge entries in service record after more than thirty years from issuance of Matric Certificate---Moreover, if date of birth as mentioned in Matric Certificate was accepted then civil servant's age would be little more over thirteen years at time of his appointment which could not be accepted---Plea of civil servant was rejected in circumstances. Syed Safdar Hussain for Appellant. Azizur Rehman for Respondent. Date of hearing: 5th June, 1995. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN). ---The appellant lshaat Ali Khan joined Police Department as Wireless Operator on 27-4-1954. He was later taken up as Lower Division Clerk on 3-7-1961 and was subsequently promoted as a Stenographer in May, 1975. In his Service Book which was prepared at the time of his training following his initial appointment as Wireless Operator, his birth date was mentioned as 24-4-1935. As per said birth date he was due to retire in April, 1995. We are informed that he has actually retired from service in April last. However, he challenged the birth date in his departmental appeal filed on 21-3-1994 before the Secretary, Home Department but the same was rejected vide Home Secretary's order dated 23-8-1994. The said order was admittedly communicated to the appellant by the S.S.F., District South, Karachi's letter dated 22-1-1995. The present appeal was filed on 7-2-1995 after receipt of the S.S.P's. said letter. We heard the arguments of the appellant's learned counsel as well as the arguments of Mr. Azizur Rehman representing the official respondents. We also went through the relevant documents…
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