Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants Act (VI of 1976)--- ---S. 12---Retirement---Age of superannuation ---Appellant was declared to have attained age of superannuation and consequently retired from service as per entries relating to date of birth record in his Service Book (Service `Amal¬-Nama')---Appellant contended that at time of his appointment he was never asked to submit any proof regarding his date of birth---Appellant had been asked for first time to supply school leaving certificate---According to School Leaving Certificate appellant had not completed his age of superannuation on date he was retired from service---Available record was produced by appellant before Department but his case was not examined on merits and he was retired from service---Service `Amal-Nama' of appellant showing that entry of date of birth of appellant had been inserted by a ball-point while all other entries with respect to name of appellant, place of his residence and father's name were written by a different ink---Entry of age of appellant did not tally with entry of appellant's School Leaving Certificate---Appellant had produced two certificates viz. School Leaving Certificate and State Subject Certificate but entry of date of birth of appellant in these certificates was also different---Held, entry of date of birth in State Subject Certificate was preferably more reliable to be accepted especially when appellant had himself submitted this document at variance with entry of School Leaving Certificate by which he could put in comparatively longer service in his department---Correct date of birth of appellant for determination of his age of superannuation ordered to be made in Service Book and consequential benefit given to appellant. (b) Civil service- --- Age---Estoppel---Date of birth---Retirement---No evidence existing as to concealment of false entry of date of birth nor any inducement made by concerned civil servant---Plea of estoppel not available---Civil servant, held, could not be precluded from pleading that order of retirement passed against him was not a legal order or that it affected his legal rights---`Acquiescence or waiver' can also not be pleaded. (c)…

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