Case Details

Citation(s)
2004 SLG 1675 2004 SLD 1675 2004 PLC 1162
Supreme Court of Pakistan
Civil Petition No.3012 of 2003, decision dated: 18-12-2003. (On appeal from the judgment dated 1-10-2003 in C.R. No. 109 of 2003 passed by the Peshawar High Court. Branch Registry, D.I. Khan).
HAMID ALI MIRZA, KHALILURREHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ

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MUHAMMAD TARIQ

VS

UNIVERSITY OF PESHAWAR through Vice Chancellor and others

Law:

Section:

(a) Civil Service-------Age---Date of birth, correction of-Limitation---Plea of civil servant with regard to wrong entry of date of birth, when raised after remaining in service for a long period, would not carry any weight---Civil servant could not make application for change in his date of birth after two years of joining service---Authenticity of date of birth recorded in documents, when civil servant joined service, could not be challenged belatedly. Ghulam Haider v. Director of Education, Lahore 1971 SCMR 325; Muhammad Boota v. WAPDA and others 1994 SCMR 957; M.R. Khalid v. Chief Secretary, Punjab and another 1994 SCMR 1633; Syed Iqbal Haider v. Federation of Pakistan 1998 SCMR 1494 and Union of India and others v. Mrs. Saraj Bala AIR 1996 SC 1000 rel. (b) Civil Procedure Code (V of 1908)-- ----S.9---Constitution of Pakistan (1973), Art. 212---Suit by civil servant for correction of date of birth----Maintainability---Plea raised with regard to age would fall within jurisdiction of Service Tribunal---Such suit would not be maintainable in view of bar contained in Art. 212 of the Constitution. Ghulam Haider v. Director of Education, Lahore 1971 SCMR 325; Muhammad Boota v. WAPDA and others 1994 SCMR 957; M.R. Khalid v. Chief Secretary, Punjab and another 1994 SCMR 1633 rel. Dr. Babar Awan, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 18th December, 2003. JUDGMENT HAMID ALI MIRZA, J.---This civil petition for leave to appeal is directed against the judgment dated 2-10-2003 in Civil Revision No. 109 of 2003 (Muhammad Tariq Masood v. University of Peshawar through Vice Chancellor and others), whereby the said civil revision was dismissed. 2. Brief facts of the case are that the petitioner brought a civil, suit for correction of his name and date of birth in Secondary School Certificate issued by the University of Peshawar as back as in the year 1961, wherein Respondent No.6 Principal Government High School, Kaniguram, South Waziristan Agency and Respondent No.8 Headmaster High School Pai, Tehsil and District Tank filed their respective written statement and in the said shit and department where the petitioner was serving was not…
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