JAVED IQBAL, J.---The petitioner is aggrieved by order dated 19-3-2010 passed by the Balochistan Service Tribunal, Quetta whereby the appeal preferred on behalf of petitioner has been dismissed and Notification bearing No,SCW(S0A)2-95/2001/426 dated 4-2-2009, qua retirement of the petitioner has been kept intact by considering 1-3-1949 as correct date of birth of the petitioner, hence this petition.
2. Mr. Muhammad Riaz Ahmed, learned Advocate Supreme Court/Advocate-on-Record entered appearance on behalf of petitioner and urged vehemently that the exact date of birth of the petitioner is 1-3-1951. In order to substantiate his contention reference has been made to the Secondary School Certificate, Computerized National Identity Card and Service Book of the petitioner which according to learned Advocate' Supreme Court have been ignored by the learned Service Tribunal without assigning any cogent reasoning which resulted in serious miscarriage of justice.
3. Mr. Salahuddin Mengal, learned Advocate-General entered appearance, on behalf of respondents and controverted the view point as canvassed at bar by Mr. Muhammad Riaz Ahmed, learned Advocate Supreme Court for the petitioner and supported the judgment impugned for the reasons enumerated therein with the further submission that the date of birth of the petitioner is 1- 3-1949. In support of his contention reference has been made to the old Identity Card bearing No,616-49- 045747 and the seniority lists issued on 24-9-1985 and 28-6-2003. The learned Advocate-General has contended further 'that the Secondary School Certificate and new Identity Card were never made available to the Competent Authority and hence the question of their consideration does not arise. It is next argued that the Annual Confidential Report for the year 1998 is indicative of the fact that 1-3-1949 is the exact date of birth of the petitioner. Learned Advocate- General has also invited our attention to the provisions as enumerated in Rule 12-A of the Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 1979 which, inter alia, provides that the date of birth of a civil servant recorded once at the time of joining Government service cannot be changed and shall be treated as final.
4. We have carefully examined the respective contentions as agitated on behalf of the parties in the light of relevant provisions of law and record of the case. Insofar as the provisions as enumerated in Rule 12-A of the Balochistan Civil Servants (Appointment, Promotion and Transfer)
Rules, 1979 are concerned the same are free from any ambiguity and capable enough to meet all sorts of such eventualities but the question would be as to whether it can be made applicable in the case of the petitioner in view of the Secondary School Certificate showing date of birth of the petitioner as 1-3-1951, authenticity whereof was never challenged. For the sake of abundant caution the Service Book of petitioner was summoned and perused carefully. It is worth mentioning that the date of birth of the petitioner has been shown as 1-3-1951 and being an authentic and the most relevant document it cannot be ignored. There is no cavil to the proposition that the date of birth mentioned in the seniority lists cannot be preferred ever the date of birth mentioned in Service Book. After having gone through the Secondary School Certificate, Computerized Identity Card and Service Book of the petitioner, we have no hesitation in our mind to hold that the exact date of birth of petitioner is 1-3-1951. In such view of the matter, the petition is converted into appeal and accepted. The notification qua retirement of the appellant is hereby set aside and the date of superannuation shall be determined from the date of birth which is 1-3-1951. These are the reasons for our short order dated 30-6-2010.