Law:

Section:

Civil Servants (Appointment, Promotion and Transfer) Rules, 1973-------R.12-A---Constitution of Pakistan (1973), Arts.185(3), 199 & 212--­Constitutional jurisdiction of High Court---Controversial question of fact---Date of birth, correction of---Matter relating to terms and conditions of service---Retrospective effect of provisions of R. 12-A of Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--­Civil servant without any proof in support of his claim sought correction of his date of birth simply on the basis of oral assertion that his date of birth given in the Secondary School Certificate was not correct and such correction was sought at the end of his service career---Departmental authorities declined the correction and the order passed by the authorities was maintained by High Court in exercise of Constitutional jurisdiction---Validity---Rule applied in cases in which the date of birth of the Government servant was corrected before the promulgation of R. 12-A of Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, would have no retrospective effect---Request of the civil servant was turned down by the authorities being without any foundation and the operation of R.12-A of Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 would not be excluded---Controversial question of fact raised by the civil servant could not be adjudicated by High Court in exercise of Constitutional jurisdiction---Matter relating to correctness or otherwise of the date of birth in the service record being purely a question of fact, the same could not be determined without recording of evidence and detailed scrutiny of facts and, such exercise could not be undertaken in Constitutional jurisdiction---In the matters connected with the terms and conditions of service of civil servant, the jurisdiction of High Court was ousted under Art. 212 of the Constitution---Leave to appeal was refused. Government of Balochistan through Secretary S&GAD, Quetta v. Marjan Khan 2003 PLC (C.S.) 245 and Tarab Arif Fatimi v. President of Pakistan PLD 1994 SC 562 ref. Khushdil Khan, Advocate Supreme Court and Zahoor Qureshi, Advocate-on-Record (absent) for…

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