Law:

Section:

Constitution of Pakistan (1973)-------Art.199---Specific Relief Act (I of 1877), S.42---Civil Procedure Code (V of 1908), OXXXIX, Rr.l & 2---Constitutional petition---Civil service-­Retirement---Suit for correction of date of birth---Notice to repay amount of salary for the period civil servant had worked after his due retirement--­Petitioner/civil servant who was to retire on attaining age of superannuation, filed suit for correction of his date of birth and obtained restraint order in his favour. from Court and performed, his duties for more than three years and seven months from date of his retirement---Suit filed by the petitioner was finally dismissed by the Trial Court and Appellate Court---Department on the dismissal of suit issued notice to the petitioner for recovery of amount of pay which he had received in excess after his, retirement period--Validity--­Petitioner despite having reached the age of superannuation remained in service and caused loss to the treasury ---Petitioner did not act bona fidely and dragged the Department in litigation and the Department had to incur litigation charges without its fault---Petitioner was not entitled for any relief and was liable to refund the salaries received by him for excess period after his retirement---Constitutional petition filed by the petitioner after delay of about three years was hit by laches and was also liable to be dismissed .on that ground. Mehr Khan v. Executive Engineer, Electricity, WAPDA, Mianwali and 3 others 1998 SCMR 613 ref. Shabbir Ahmad Bhutta for Petitioner. M. Shamshair Iqbal Chughtai for Respondents. Date of hearing; 21st May, 2001. JUDGMENT The case of the petitioner leading to the present writ petition is that the petitioner had been employee of the Auqaf Department till 22-8-1995. He had instituted a civil suit for the correction of his date of birth as 22-8-1935 instead of 13-1-1,932, therefore, he was to retire on 22-8-1995 and not on 13-1-1992. The Civil Court as well as the District Judge issued restraint order in his favour and the petitioner has been performing his duties till 22-8-1995. The suit of the petitioner had been dismissed by the learned Civil Judge on…

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