1987 PLP 236 (PLC)

‑‑‑Ss. 25‑A & 38(3)‑‑Retirement‑‑Employee retired from service in accordance with date of birth which was corrected as per record received from India and necessary corrigendum issued to employee in this regard‑‑Grievance petition being hopelessly time‑barred was accordingly dismissed‑‑Appeal being devoid of merit was not sustainable. Fasahat Hussain Rizvi for Appellant. Date of hearing: 6th April, 1986. This appeal arises out of an Order, dated 30‑5‑1985. The appellant's case is founded by Letter No.200‑B Retirement MES/P‑2, dated Nil of May 1982 that his date of retirement was 30‑6‑1984 and that he was entitled to L.P.R. from 1‑7‑1983. Under this impression he continued to work till 13‑3‑1983 but surprisingly on that date the F.O. Kotri informed the applicant that he stood retired from 7‑2‑1983. A sum of Rs.894.95 was asked to be refunded. The applicant preferred an appeal but the same was rejected on 1‑10‑1983. Grievance notice was sent on 20‑10‑1983 and accordingly the present petition was filed.

2. The stand taken by the respondent is, that the appellant was appointed on 18‑2‑1947 in B.B. & C.I. Railways, India from where he opted for Pakistan after partition. His date of birth as per his service record maintained by and received from India is shown to be 8‑2‑1923. Accordingly th6 applicant was retired on 7‑2‑1983. It has also been pleaded that on this misrepresentation by the appellant on coming to Pakistan his service record was erroneously prepared and entries were corrected on receipt of record from India. It is contended that though the applicant was retired on 7‑3‑1983 but he overstayed till 14‑3‑1983 and so this period for 34 days was regularised considering the period of re‑employment vide order dated 13‑4‑1983 as a result of regularization a sum of Rs.455.30 was over paid to the applicant so the same was rightly recovered from the applicant after obtaining the consent of the applicant. In support of his case the appellant alone appeared as his witness.

3. The date of his birth has correctly obtained from India was 8‑2‑1923. Mistake was corrected. Corrigendum was issued to the A appellant. He was rightly retired on 7‑2‑1983. There could not be any point to agitate this matter. Recovery made was rightly made as he was over‑paid.

4. As regards the filing of the grievance petition it is hopelessly time‑barred. According to the appellant he stated that he filed an appeal which was rejected on 1‑10‑1983. While the Railway Department states that no appeal was preferred hence the matter was to be proved by the appellant which he failed to do. He filed the grievance petition on 28‑1‑1984 which was hopelessly time‑barred. On these two counts the grievance petition fails and it is accordingly dismissed in limine. M. Y. H. /807/Lb Appeal dismissed.