Case Details

Citation(s)
2003 SLG 567 2003 SLD 567 2003 SCMR 1105
Supreme Court of Pakistan
Civil Petition No. 1507-L of 1999, decision dated: 6-06-2002. (On appeal from the judgment dated 18-6-1999 passed by the Punjab Service Tribunal in Appeal No.662 of 1998)
IFTIKHAR MUHAMMAD CHAUDHRY, TANVIR AHMED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ
Syed Shabbar Raza Rizvi, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioner. Nemo for
Respondents

ALAMDAR HUSSAIN

VS

INSPECTOR-GENERAL OF POLICE, PUNJAB and OTHERS

Law:

Section:

Constitution of Pakistan (1973)--- ----Art.212(3)---Date of birth, correction of---Principles---Grievance of the civil servant was that inadvertently his year of birth had been recorded as 1939 instead of 1941---Correction was sought, for the first time in the year 1998 which was denied by the Departmental Authorities as well as by Service Tribunal---Plea raised by the civil servant was that he had been serving in erstwhile East Pakistan and due to non-receipt of proper record from there. his date of birth was wrongly entered in his service record---Validity---Government employee under the relevant rules could not make prayer for correction of his date of birth after two years of joining of service---If the civil servant had valid claim regarding his date of birth he should have instituted proceedings for correction of his date of birth within the period of two years after coming back from East Pakistan and if it was not possible then at least should have agitated for correction of his date of birth within reasonable time---Presumption was that the civil servant was satisfied with his date of birth because he did not challenge the same at the earliest stage---Civil servant had full knowledge about such entry in his service record because his date of birth had been mentioned in Annual Confidential Reports---Despite acquiring knowledge, the civil servant did not agitate against such entry as such by his own conduct, he could not be allowed to change his stance after a considerable long period---Supreme Court declined to interfere with the passed by Service Tribunal---Leave to appeal was refused. Iqbal Haider v. Federation of Pakistan 1998 SCMR 1494 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---Leave to appeal is sought against the judgment dated 18-6-1999 of the Punjab Service Tribunal, Lahore (hereinafter referred to as the Tribunal), whereby Appeal No.662 of 1998 filed by the petitioner for the change in his date of birth was dismissed. 2. Brief facts leading to the filing of this petition are that petitioner joined service as Constable on 19-11-1961 in Sialkot District, He was promoted as Head Constable on 18-10-1970 and deputed to erstwhile Province of West…
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