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1970 SCMR 494

Syed YASIN SAKAFF SHAH vs GOVERNMENT OF PAKISTAN THROUGH

Citation1970 SCMR 494
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No. K-49 of 1969 Writ Petition No.
Date-
Judge(s)Waheeduddin Ahmad, Muhammad Yaqub Ali
ResultLeave refused

ORDER

1. WAHIDUDDIN AHMAD, J.-The dispute in this petition is about the date of birth of the petitioner. He was employed by the Karachi Police as a Lower Division Clerk in March 1952. In his service book, his date of birth was mentioned as 20th July 1916. After his discharge from the Karachi Police, he was employed in the year 1957 in the Home Department of the Government of Pakistan, where he served as an Upper Division Clerk up to 1959. On this occasion, the date of birth of the petitioner, in the service book, was entered as 20th July 1914. In September 1967, the petitioner was transferred to the Health Division of the Government of Pakistan, Islamabad and was promoted as an Assistant.

2. On the 4th June 1968, the Health Division issued a Memo. Containing an instruction for the retirement of the petitioner from service with effect from the 20 July 1967. On receipt of this Memo., the petitioner moved the Authorities to correct the entry of the date of birth in his service book, but nothing happened. Thereupon, the petitioner filed Writ Petition No. 171 of 1969, in the High Court of West Pakistan, Karachi Bench, which was dismissed on the 16th May 1969. The petitioner seeks permission to file an appeal against the said order.

3. The petitioner, who has appeared in person, has contended that his date of birth was recorded by the Home Department without his knowledge and his correct date of birth is 20 July 1916. Under the Rules, the Department was bound to enquire into the matter and to correct it according to the service book maintained by the Police Department. The question whether the date of birth of the petitioner is 20th July 1916 or 20th July 1914, is a question of fact which can only be determined inth th regular proceedings. The best course, therefore, for the petitioner is to file a regular suit against the Department for the redress of his grievances. The petition is dismissed.

Cited by 2 cases

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