JUSTICE (RETD.) GHULAM NABI SOOMRO, CHAIRMAN-The appellant has impugned in this appeal, the following order dated 18th October, 2006 passed by the Secretary to Government of Sindh, Irrigation and Power Department/respondent No. 2.
"No. A-l/2-3/(36)/98 Government of Sindh Irrigation and Power Department Karachi, dated the 18th October, 2006 To, Mr. Ghulam Abbas Leghari, Chief Engineer (Irrigation)
Gudu Barrage Region, Sukkur, Subject: DOCUMENTS REQUIRED FOR RETIREMENT AND ENHANCEMENT OF L.P.R.
I am directed to refer to your letter No. EC/G- 148/1429, dated 24-9-2006 and EC/G-LBCAWB/1459, dated 14-6-2006, on the subject noted above and to state that the matter was referred to the Regulation Wing of Services, General Administration and Coordination Department for their advice.
The Regulation Wing of SGA&CD has furnished their advice as under: While applying to the post of Assistant Executive Engineer in 1975 Mr. Ghulam Abbas Legahri in SPSC's Form mentioned his date of birth as 27-10- 1949 on the basis of photo copy of original notification certificate No. B-016828, dated 20-4-1971.
Subsequently after a period of more than 34 years, Mr. Leghari had obtained a duplicate Matriculation Certificate No. B-034648 on 12-7-2005 containing his date of birth as 27-10-1951.
The Controller of Examination, Board of Intermediate and Secondary Education, Hyderabad vide his letter dated 23-11-2005 has remarked that date of birth being 27-10-1949 shown in earlier pecca certificate dated 20-4-1971 is tempered with.
It must be known to Leghari under what circumstances it was tempered with and who had committed this act while applying to SPSC in 1975.
In view of the above, the matter regarding change of your date of birth as 27-10-1951 has been considered and rejected.
Sd/- 19/10/2006 (BADERUDDIN MEMON)
SECTION OFFICE (ADMIN-I)
FOR SECRETARY TO GOVERNMENT OF SINDH" and has prayed that his date of birth be ordered to be corrected as 27-10-1951. According to him, his date of birth in the Govt, record shown as 27-10-1949 is wrong.
3. The learned counsel representing the parties after arguing the matter at some length have opined and conceded that in the case of the appellant, in view of the Circular No. SOR- III(SGA&CD)9-12/2004, dated 4-9-2004 of Services General Administration and Cooperation Department (Regulation Wing) read with subsequent clarification on the subject vide U.O. No. SOR- III(SGA&CD)11-38/2005, dated December 27, 2005, the Competent Authority to decide the issue, is the Chief Minister of Sindh. We have perused the above-referred circulars and have also gone through the case file and find that he decision with regard to the age of the appellant was not made by the competent authority, who is the Chief Minister of Sindh.
4. Accordingly the matter is remanded to the department for getting a decision from the competent authority i.e. The Chief Minister Sindh.
5. It shall be appreciated if such decision by the competent authority is made within a period of three months.
6. There shall be no order as to costs.
For the afore stated reasons, above appeal was allowed by consent and the impugned order set aside vide short order dated 14-3-2008. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.