Law:

Section:

Civil Service-------Age of civil servant---Determination of---Crux of the matter in the case was the employee's actual date of birth---Safest evidence for determining date of birth was an entry in the Municipal or Village Council record or a certificate issued by Primary School, but none of said documents was available to determine age of employee---Another source for determination of age was the certificate of employee's passing of Matriculation Examination, but in the case of employee two certificates were issued by the Board of Intermediate and Secondary Education, one showing date of birth as 22-7-1942 and other showing his date of birth as 22-7-1948 and it was not understandable as to why Board had issued two certificates indicating different dates of birth in less than a week---Both employee and Authority had come out with counter documentary evidence in support of their contentions---On queries from the University Authorities, the Board of Intermediate and Secondary Education, in their separate communications, had confirmed 22-7-1948 as a correct date of birth of employee---Birth certificate issued by the said Board earlier had also given 22-7-1948 as date in question--­Preponderance of documentary and circumstantial, evidence, had supported claim of employee that his actual date of birth was 22-7-1948---Said date was held to be correct date of birth of employee. Abdul Sattar Mughal for appellant. Syed Haroon Rashid for Respondents. Date of hearing: 1st July, 2003. JUDGMENT NUR AHMAD SHAH (MEMBER-II).---This is an appeal under section 4 of the Sindh Service Tribunal Act, 1973. The facts are: The appellant joined the Sindh Agriculture University (SAU), Tando Jam as Research Investigator in 1974. Promoted as Assistant Engineer in 1975, he remained as such till his appointment as Lecturer (BS-17), in the same University on 5-3-1981. He became Assistant Professor in 1987 and was along with others upgraded as Associate Professor (BS-19) in 1996. He refused, so he says, to oblige the respondent No.3 (V.C., SAU) to seek premature retirement so that the latter could get his son promoted as. Associate Professor in his place. This, he continues, annoyed the Vice…

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