1984 PLP (C (PLC)

MIAN FAIZ KARIM (MEMBER)

‑Kh. Mushtaq Ahmad has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 in which he has impleaded the respondents as mentioned above.

2. Through this appeal the appellant has prayed that his birth entry may be corrected and the appellant be declared to be continuous in service by setting aside the order, dated 20th October, 1982 passed by respondent No. 4, order dated 24th October, 1982 passed by respondent No. 3 and order, dated 24th November, 1983 passed by respondent No. 1.

3. Brief facts and the grounds of the appeal are that the appellant was serving as Road Inspector at Pasrur, District Sialkot. He was retired on completion of the age of superannuation, vide order dated 20th October, 1982 of the Superintending Engineer (respondent No. 3). The appellant joined service in the Department on 1st August, 1967 and his date of birth was recorded in his service book as 23rd October, 1922 and other parti culars were also filled from Serial Nos. 1 to 8 duly signed by the appellant. Obviously the said date of birth was in his knowledge and was admitted correct by him. The contention of the Department is that no such entry can be corrected unless request for correction was made within two years from the date of entry of the Government service. The plea of the appel lant is that his age was not properly recorded and in his support has submitted an unauthenticated birth certificate from Chandigarh East Punjab, India showing his date of birth as 23rd December, 1929.

4. We have heard the learned counsel for the appellant as well as the learned District Attorney for respondents and perused the relevant record.

5. The points raised by the learned counsel for the appellant and the learned District Attorney are the same which have been mentioned in the brief facts of the case and grounds of appeal in para. 3 above.

6. We have given our anxious thought to the arguments advanced by the parties and have found that the service book entries from Serial Nos. I to 8 including the date of birth mentioned as 23rd October, 1922 were duly signed by the appellant. The appellant never contested the so‑called wrong entry till his retirement much-less within prescribed two year of the entry in the service book. For the sake of argument, even the un authenticated copy of the birth certificate from East Punjab, India would not help him in the instant case because the birth entry of the foreign country which does not bear any authentication from Pakistan Ambassador or any authorized authority from his staff in India, is not a legal one.

7. Hence, in the above circumstances of the case there is no merit in the appeal and is dismissed as such, in limine. M. Y. M. Appeal dismissed.