Law:

Section:

[Civil Service............Age---Determination of---Retirement on attaining age of superannuation---Employee who joined Excise and Taxation Department as Excise Constable in the year 1964, finally was promoted to the post of Assistant Excise and Taxation Officer and was retired on attaining the age of superannuation in the year 2006---Employee had challenged his retirement alleging that his date of birth was 20-2-1948; but had been erroneously recorded as 2-2-1946 in the service book and that in circumstances he had been retired two years earlier---According to National Identity Card, date of birth of employee was 1946 and as per date of birth entered in the Service Book at the time of joining service date of birth of employee was 2-2-1946---According to Notification dated 4-9-1975 declaration of age made by Government Servant at the time of or for the purpose of entry into. Government service would be conclusive Unless he applied for the correction of date of birth within two years of date of entry into service---Vide another Notification dated 15-11-2000, date of birth once recorded at the time of joining service would be final and thereafter no alteration in the date of birth of civil servant would be permissible---Employee filed his representation for correction of his date of birth in the year 2005, only less than one year from his retirement in 2006---Employee, who had himself made declaration of his age at the time of his initial entry into service 'as 2-2-1946 and had not applied for correction of His date of birth within two years according to Notification dated 4-9-1975, could not be allowed to blow hot and cold in the same breath and claim benefits of two years at the time of original recruitment and two years after superannuation---Prayer of employee for correction of date of birth, was rightly rejected in view of Notification dated 4-9-1975 and subsequent Notification dated 15-11-2000---Since date of birth as entered at the time of entry into service, was final, order of retirement on superannuation, same was rightly passed---In absence of any legal infirmity in retirement order, same could not be interfered with. ORDER AZAD MUHAMMAD AWAN…

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