ALI BAIG, C.J.---The instant writ petition has been filed by the petitioner under Article 86(2) of the Government of Gilgit-Baltistan Order, 2018 seeking issuance of necessary directions to the respondents to correct the date of birth of the petitioner as mentioned in service book as 13-12- 1963 instead of 13-05-1962.
2. Brief facts of the case are that the petitioner was initially inducted in the police department G.B as Prosecuting Sub-Inspector and his date of birth in Service Book and Medical Fitness Certificate was mentioned as 13-12-1963. In the year 2008, the AGPR has converted the manual pay system into computerized system. During the computerized pay system, the date of birth of present petitioner has been mentioned as 13-05-1962 which was contrary to his service book, medical fitness certificate and CNIC.
3. The respondents contested this writ petition by filing their parawise comments, wherein they have raised certain legal and factual objections and denied the claim/plea of the petitioner by contending that date of birth of petitioner as per his matriculation certificate is 13-05-1962.
3. The learned counsel for the petitioner submitted that the petitioner was inducted in G.B Police Department as prosecuting Sub-Inspector on 09-07-1996 and later on he has been promoted from time to time in the department and finally he has been promoted against the post of AIG in the police department G.B. The learned counsel for the petitioner further submitted that the petitioner has moved many applications before the concerned authorities for correction of his date of birth but the respondents did not bother to correct his date of birth. The learned counsel for the petitioner further submitted that the respondents have malafidely entered the date of birth of the petitioner in the computerized pay slip as 13-05-1962 which is violation of fundamental rights of the petitioner. The learned counsel for the petitioner further submitted that the respondents have deprived the petitioner from his fundamental right by mentioning the date of birth as 13-05-1962 instead of 13.12.1963. The learned counsel for the petitioner further submitted that the petitioner has submitted an application before the Deputy Accountant General Pakistan Revenue G.B for correction of date of birth in computerized pay slip according to service record but the said respondent has not taken any action on his application. The learned counsel for the petitioner further argued that despite clear directions issued by respondent No.1 to respondent No. 4 the requisite correction in date of birth in computerized pay slip of petitioner has not been made yet by respondent No.4. The learned counsel for the petitioner further argued that the attitude and conduct of the respondent No.4 towards the petitioner is discriminatory in nature and against the rights of the petitioner, hence, the instant writ petition be allowed as prayed for in the interest of justice.
4. The learned D.A.G further submitted that petitioner has no cause of action to file the instant writ petition against the respondents therefore, the instant writ petition is liable to be dismissed. The learned D.A.G further submitted that the date of birth once recorded in computerized pay slip cannot be altered. The learned D.A.G further submitted that in the seniority list the date of birth of the petitioner has been reflected as 13-05-1962 and the same has been circulated by police department. The learned DAG further submitted that the AGPR has inserted the date of birth of the petitioner as 13.05.1962 in accordance with the record provided by the police department. The learned D.A.G further submitted that the petitioner has not exhausted the departmental forum by filing departmental appeal as such this petition is liable to be dismissed with the direction to approach the departmental forum for redressal of his grievances. The learned D.A.G lastly submitted that the petitioner has remained mum since 2008, hence the instant writ petition is time barred and not maintainable, as such the same is liable to be dismissed in the interest of justice.
5. We have heard the arguments advanced by the learned counsel for the parties at considerable length and also gone through the record of the case with their able assistance.
6. Perusal of record reveals that the actual date of birth of present petitioner in accordance with CNIC, Service Book and medical fitness certificate is 13-12-1963. This tact has even not been denied by the present respondents in their parawise comments furnished in this court. The petitioner has been performing his duty in accordance with service book till March 2021. Abruptly, the respondent No.4 has disclosed date of birth of present petitioner as 13-05-1962 in the monthly salary statement for the month of March, 2021 in contravention of service record of the petitioner. Moreover, respondent No.3 vide letter dated 11th March, 2022 addressed to the respondent No.4 has stated that as per service book record CNIC, Birth Certificate and Medical Certificate date A of birth of the petitioner is 13-12-1963 whereas in computerized pay slip the date of birth of above named petitioner is 13-05-1962, therefore, date of birth of the above named officer may be corrected in computerized pay slip as per service book record.
7. As per para. 12-A of ESTA CODE the date of birth once recorded at the time of joining Government Services shall be final and thereafter no alteration in the date of birth of a Civil Servant shall be permissible. In existence of the aforesaid mandatory provisions of ESTA CODE the respondent No.4 cannot change the date of birth of the petitioner in computerized salary slip. It is also settled principle of law the date of birth once entered in the service record will not be altered and if any alteration is to be sought the same has to be done within a period of two years of joining of service and not thereafter. Reference in this respect may be made to the case titled "Inspector General of Police Balochistan and others v. Mohibullah" reported as 2022 SCMR page 9.
8. For the foregoing reasons the instant writ petition is allowed as prayed for. Consequently, the respondent No. 4 is directed to correct date of birth of the petitioner in the computerized pay slip of the present petitioner within two months of the passing of this judgment and submit compliance report to this court through Registrar of this court for our perusal in chamber.
The instant writ petition along with C. Misc No. 368/2022 is disposed of accordingly. File.