1992 PLP (C (PLC(CS))
Syed SHAMAS DIN SHAH Versus AZAD GOVERNMENT through Chief Secretary, Azad Government of the State of
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal (Azad J&K) |
| Bench Members | Sardar Muhammad Sajawal Khan, Chairman and Raja Muhammad |
| Parties | Syed SHAMAS DIN SHAH Versus AZAD GOVERNMENT through Chief Secretary, Azad Government of the State of |
| Primary Law | Civil service |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Service Tribunal (Azad J&K) bench comprising: Sardar Muhammad Sajawal Khan, Chairman and Raja Muhammad.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (Syed SHAMAS DIN SHAH Versus AZAD GOVERNMENT through Chief Secretary, Azad Government of the State of). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Rafique Mahmood and Kh. Abdus Samad for Appellant.
- Nemo for Respondent.
Headnotes / Summary
Civil servant who was retired from service after having completed his age of superannuation, had challenged his retirement contending that entry of his date of birth in his service book was wrong and it should be rectified according to certificates produced by him showing a different date as correct date of birth
Civil servant at time of his entry in service had himself accepted entry in relevant record with regard to his date of birth by putting his own signatures duly attested
During tenure of his service. stretching over' a period of 25 years, civil servant never thought of changing his date of birth according to certificates produced by him which otherwise were not reliable and kept quiet over alleged wrong entry of his date of birth in his personal file and made application for its change only when he had almost coii0leted his retirement age according to the entry of date of birth recorded m his service book
Entry of date of birth in service record of civil servant otherwise could not be annulled at a belated stage by Services Department under Art. 67(2) of Financial Code Vol. I which had provided that declaration of age made at time of or for purpose of entry into Government service should be deemed absolutely conclusive and no revision of such a declaration should be allowed to be made at a later period for any purpose whatsoever
Entry of date of birth recorded under signature of civil servant which was duly attested by a competent officer, had been rightly upheld to be correct proof of his date of birth by Services Department for purpose of his retirement
Civil servant was rightly retired on basis of said entry of his date of birth.
Judgment & Decree
AZAD GOVERNMENT through Chief Secretary, Azad Government of the State of Jammu and Kashmir, Muzaffarabad Service Appeal No. 507 of 1990, decided on 18th November, 1991.
Civil servant who was retired from service after having completed his age of superannuation, had challenged his retirement contending that entry of his date of birth in his service book was wrong and it should be rectified according to certificates produced by him showing a different date as correct date of birth
Civil servant at time of his entry in service had himself accepted entry in relevant record with regard to his date of birth by putting his own signatures duly attested
During tenure of his service. stretching over' a period of 25 years, civil servant never thought of changing his date of birth according to certificates produced by him which otherwise were not reliable and kept quiet over alleged wrong entry of his date of birth in his personal file and made application for its change only when he had almost coii0leted his retirement age according to the entry of date of birth recorded m his service book
Entry of date of birth in service record of civil servant otherwise could not be annulled at a belated stage by Services Department under Art. 67(2) of Financial Code Vol. I which had provided that declaration of age made at time of or for purpose of entry into Government service should be deemed absolutely conclusive and no revision of such a declaration should be allowed to be made at a later period for any purpose whatsoever
Entry of date of birth recorded under signature of civil servant which was duly attested by a competent officer, had been rightly upheld to be correct proof of his date of birth by Services Department for purpose of his retirement
Civil servant was rightly retired on basis of said entry of his date of birth. Sardar Rafique Mahmood and Kh. Abdus Samad for Appellant. Nemo for Respondent.