C.P No: D-630/2009

For Katcha Peshi

27-10-2010.

Mr. Sardar Ali Shah Jillani for the petitioner.

Mr. Imtiaz Ali Soomro, AAG.

The case of the petitioner is that she retired from service on 02-02-2009 after attaining the age of superannuation, but her pensionary benefits are not being given. The stand of the department is that her actual date of birth is 02-02-1947 and, therefore, she ought to have been retired on 02-02-2007 but she, on account of giving wrong date of her birth, continued to work for two more years and now she is claiming pensionary benefits.

In the service book, that has been shown to us, the date of birth in words as well as in figures is given as 02-02-1949 and we do not find any tampering therein. However, in G.R of High School, Sukkur, her date of birth is shown to be 02-02-1947 and, accordingly, her school leaving certificate also shows the date of birth to be 02-02-1947.

Counsel for the petitioner has pointed out that the date of birth of her elder sister Mst. Razia is 03-03-1947 and, therefore, petitioner’s year of birth cannot be 1947. He contends that both the sisters cannot be born within a difference of one month.

Be that as it may, as the service book shows the date of birth to be 02-02-1949 and it does not reflect any tampering and petitioner’s National Identity Card also shows the date of birth to be 02-02-1947, and in a Judgment reported as PLD 2005 SC 962, it has been held that the date of birth mentioned in the NIC is more authentic and better evidence, therefore, let the pensionary benefit be processed by treating petitioner’s date of birth to be 02-02-1949.

The petition stands disposed of in the above terms.

Judge

Judge

Rashid