1994 PLP (C (PLC(CS))
MUHAMMAD BOOTA Versus WAPDA and others
| Citation | 1994 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saad Saood Jan, Ajmal Mian and Saeeduzzaman Siddiqui, JJ |
| Parties | MUHAMMAD BOOTA Versus WAPDA and others |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1994 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saad Saood Jan, Ajmal Mian and Saeeduzzaman Siddiqui, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP (C (PLC(CS)) (MUHAMMAD BOOTA Versus WAPDA and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Mukhtar Hussain Awan, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 10th November, 1993.
Headnotes / Summary
(On appeal from the judgment dated 16‑2‑1993 of the Federal Service Tribunal, Islamabad, passed in Appeal No. 159(L)/1992). ‑‑‑‑Art. 212(3)‑‑‑Retirement from service‑‑‑Three different dates of birth were before Service Tribunal relating to civil servant‑‑‑Service Tribunal relying on date of birth of civil servant mentioned in the list of employees ‑‑‑Validity‑‑ Question as to what was civil servant's correct date of birth, being a question of fact, could have been decided by Service Tribunal‑‑‑Petition for leave to appeal not involving any substantial question of law of public importance in terms of Art. 212(3) of the Constitution warranting grant of leave was refused in circumstances.
Judgment & Decree
Malik Mukhtar Hussain Awan, Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 10th November, 1993. AJMAL MIAN, J.‑‑‑This is a petition for leave to appeal against the judgment dated 16‑2‑1993 passed by the Federal Service Tribunal, Islamabad, hereinafter referred to as the Tribunal, in Appeal No. 159(L) of 1992, filed by the petitioner, who was serving as an Assistant Lineman in WAPDA at the relevant time, against the order dated 14‑3‑1992, whereby the petitioner was retired from service with effect from 30‑6‑1988, dismissing the same. The petitioner has, therefore, filed the present petition for leave to appeal.
2. In support of the above petition, Malik Mukhtar Hussain Awan, learned counsel appearing for the petitioner, has vehemently contended that WA PDA was not justified in retiring the petitioner from service as he had not attained the age of superannuation for the reason that in the service book, his date of birth given was 1945.
3. It appears that there were three dates of birth of the petitioner before the Tribunal i.e. 1945 in the service book, 26‑12‑1946 in the alleged school leaving certificate and 1‑7‑1928 in the list of WAPDA employees. The Tribunal has perused the above documents and found that 1945 mentioned in the service book was not reliable for the reason recorded in the impugned judgment. It also did not place reliance on the above date of birth given in the school leaving certificate. If we were to take 1‑7‑1928 as the date of birth of the petitioner, then he was rightly retired.
4. In any case, the question, what was the petitioner's correct date of birth, was a question of fact which could have been decided by the Tribunal. The above petition does not involve any substantial question of law of public importance in terms of clause (3) of Article 212 of the Constitution of the Islamic Republic of Pakistan warranting grant of leave. Leave is, accordingly, refused. A.A./M‑1880/S Leave refused.