ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI.

C. P .No. D-1064 of 2014

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Dated              Order with signature of Judge.

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1.      For order on CMA No.4930/14 (u/o 39)

2.      For Katcha-Peshi.

3.      For hearing on CMA No.4994/14 (Stay)

(C/A filed as flagged)

 

 

19th May, 2014

 

Mr. S. Ghulam Shabbir Shah, Advocate for the Petitioner.

Mr. Abdul Jalil Zubedi, A.A.G. along with Qazi Shahid Pervez, Secretary Works & Services Department, Government of Sindh, Karachi.

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            Petitioner has challenged a notification dated 28.02.2014, whereby he was intimated that he would retire from government service w.e.f. 03.03.2014.

 

            Learned counsel for the petitioner argued that at the time of entering into services a wrong date of birth was mentioned, in fact date of birth of the petitioner is 12.08.1956 and not as 04.03.1954. He has also attached a letter dated 17.04.2012, according to which he approached to the Secretary Services, General Administration & Coordination Department, Government of Sindh to correct the date of birth as 12.08.1956. Learned counsel for the petitioner also pointed out annexure ‘E’, which is the birth certificate issued by NADRA on 28.02.2014, in which the date of birth of the petitioner is mentioned as 12.08.1956. Learned counsel further argued that after issuing this birth certificate by NADRA, petitioner approached the respondents to correct the date of birth in their official record. However, it is admitted by the learned counsel for the petitioner that in earlier CNIC the date of birth of the petitioner was 04.03.1954. To a question raised by this Court as to how this petition is maintainable in view of the bar contained under Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973. Learned counsel for the petitioner argued that this petition is maintainable and this Court can take a cognizance regarding the wrong date mentioned in the official record in the writ jurisdiction.

 

            Learned A.A.G. pointed out a document attached with the comments i.e., Career Enhancement Programme, for which each employee was required to fill in his particulars including date of birth. This document was submitted by the petitioner under his own signature and in this document, petitioner has mentioned his date of birth as 04.03.1954. Learned A.A.G. further argued that on the basis of the same date of birth and seniority, the petitioner was given promotion and his date of birth is same in his previous A.C.Rs. They have also pointed out the Rule 12-A of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, in which it is provided that the date of birth once recorded by a civil servant at the time of joining Government service shall be final and no alteration thereafter shall be permissible. Learned A.A.G. has also pointed out the order dated 08.05.2014 passed by the Honourable Supreme Court of Pakistan in Civil Appeal No.263-K of 2013, in which the similar controversy was dilated upon and Rule 171 of the Sindh Civil Services Rules, was discussed which pertains to the service book. In that case also the petition was dismissed by the High Court and thereafter appellant in that case approached to the Services Tribunal and when the order of the Services Tribunal was assailed before the apex Court the judgment of the Services Tribunal was set-aside.

 

            Chapter – II of the Sindh Civil Servants Act, 1973 relates to the terms and conditions of the services of the civil servants and section 13 pertains to the retirement from services. There is no cavil to this proposition that the retirement of the civil servant is one of the terms and conditions of the service of a civil servant and since the issue in this petition relates to the terms and conditions of the service, the appropriate remedy is to invoke the jurisdiction of Services Tribunal and the petition is barred under Article 212 of the Constitution.

 

            In view of the above, this petition is dismissed in limini. Interim orders area also recalled/vacated.

 

Judge

 

 

Judge