Law:

Section:

Civil Servants (Appointment, Promotion and Transfer) Rules, 1973-------R.12-A [inserted vide Notification S.R.O. 521(I)/2000, dated 31-7-2000]--- Constitution of Pakistan (1973), Arts. 199 & 212--­Constitutional petition--- Maintainability---Bar of Art.212 of the Constitution---Applicability---Correction of date of birth---Petitioner assailed his retirement notification on the ground that he had got his date of birth corrected in civil suit---During the proceedings before civil Courts, the petitioner did not implead his department as a party and only arrayed the Board of Intermediate and Secondary Education as part--­On the basis of decree passed by the. Civil Court, school certificate and National Identity Card of the petitioner were corrected---Validity---All such documents were prepared at the back of his department and had no binding effect---Petitioner was a civil servant whose date of birth related to the terms and conditions of his service but he concealed from High Court his twice approach to Service Tribunal where he claimed change of birth but it was found to be afterthought---Deserting his right of appeal before Supreme Court he filed the present Constitutional petition---Besides approach to High Court by the petitioner with unclean hands, there was complete ouster of invocation of Constitutional jurisdiction by High Court under Art. 212 of the Constitution---No room was left under R. 12-A of Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, for change of date of birth, as the petitioner himself served the Department and continued with the job and was retired on completion of tenure of service---Petitioner falsely attempted to delay his formal superannuation---High Court, in view of bar contained in Art.212 of the Constitution had no jurisdiction to entertain a Constitutional petition especially after decision by Service Tribunal, against which appeal lay before Supreme Court---Petition was dismissed in circumstances. Rafique Ahmad Chaudhry v. Ahmad Nawaz Malik and others 1997 SCMR 170; Khalid Mahmood Wattoo v. Government of Punjab and others 1998 SCMR 2280; Fauzia Siddique Qureshi v. Secretary, Ministry of Education, Islamabad…

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