GUL ZARIN KIANI, J.-Rashid Ahmad applicant was, lately, a General Manager, Central Division Wapda. He joined service in Wapda in year 1962, and, in course of the rose to his present rank.
Meanwhile, he is shown to have held important assignments in Wapda. His date of birth recorded in his matriculation certificate was October 4,1931. A little before attaining the age of superannuation calculated from the date of birth recorded in matriculation certificate, applicant applied to the Chairman, Water and Power Development Authority, Lahore for correction of his date of birth from 4.10.1931 to 14.3.1932 as recorded in the office of District Health Officer, Faisalabad.
Wapda denied to accede to the prayer in their reply dated 28.9.1991. It was stated by them that; "That matter has been examined. You will appreciate that Matriculation certificate (issued in 1954) has been a basic document for purposes of your service record in WAPDA for the last 29 years.
Correction at this belated stage cannot be accepted merely on the basis of a certificate (issued on 2.4.1991) from the District Health Officer. The present position is that you will stand retired on 3.10.1991. (emphasis is mine).
This issues with the approval of the Chairman".
2. On 18.7.1991, applicant had instituted a civil suit to have it declared that his true date of birth was 14.3.1932, and not 4.10.1931, as recorded in his matriculation certificate and for relief of perpetual injunction directing functionaries of the Board of Intermediate and Secondary Education, Faisalabad and University of the Punjab for correction of date of his birth entered in their record.
Significantly, Wapda was not made a party to the suit. Defendants to the suit contested it and refuted the claim of the applicant. Nonetheless, the trial Court decreed the applicant's claim in regard to his birth entry as 4.3.1932, on 25.9.1991. Since, presumably, Wapda did not respond satisfactorily in the terms of the Court-decree for correction of birth entry, the applicant again filed a civil suit against them, and, their General Manager, in Civil Court at Lahore. Photo copy of an order passed by the Civil Court on 3.10.1991 would reveal that the trial Court prohibited the retirement of the applicant till 6.10.1991. It may be of advantage to observe that the learned counsel appearing for the applicant neither annexed nor showed copy of the plaint in the above stated suit to apprise this Court of its contents. Further, it was not disclosed either, in the writ petition that a civil suit on the subject was already on the anvil before a Civil Court which had intervened and issued a restraining order. Leaving the matter mid-way in the Civil Court, applicant invoked the jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, for a direction to Wapda to honour the Court-decree in regard to the true and correct date of birth of the petitioner as recorded in District Health Office/ and restrain them from taking charge of office from him, which he stated, he had not relinquished as yet. In the back ground of the writ petition was a concealed desire to hold on the service till the attaining of sixtieth year from 4.3.1932, which according to the applicant was his correct date of birth.
3. Learned counsel referred to number of decisions to contend that there is no law barring jurisdiction of the civil Court to decide and adjudicate on the correct date of birth of a person and in this view of the matter, applicant's employer. Was not a final judge on his correct date of birth. It was further contended that in all civilized systems of law, Executive feels bound to honour the decrees passed by the Civil Courts.
4. Having heard learned counsel at length and I must say that his address at times contained emotional touches to evoke sympathy of the Court, no proper case is made out for interference.
Applicant entered Wapda in 1962 and gave his date of birth as 4.10.1931. He is shown to have been in service of Wapda for twenty nine long years. All this the, he felt complacent about his date of birth and did not agitate about it, but on even of his superannuation made frantic efforts for-a change and correction of it to gain few more months. Date of birth of a civil servant is inextricably linked with and. Governs his date of retirement from service. On the date of birth given by him to Wapda at the the of his entry into service, the applicant retires on 3.10.1991, after having spent sixtieth year of his life. Like a dooms-day, retirement from service is destined to come and, is inevitable. Therefore, a surging desire for further continuance in service apart, result of superannuation is unavoidable. Like human life, service is also mortal and a day comes when one steps down. As said above, date of birth governs age of superannuation and retirement from, service on that score therefore, is an essential part of terms and conditions of service and as such its decision is entrusted to a different forum established under Article 212 of the Constitution of Islamic Republic of Pakistan which precludes the High Court to review and examine such like matters in exercise of its extraordinary jurisdiction. In face of a clear bar of jurisdiction and also an already pending civil suit on the subject this court is not disposed to step-forward for interference in a matter falling exclusively within the jurisdiction of Service Tribunal. The view of the matter I take is supported by judgment of this Court in 'Government of Punjab through Secretary, Department of Education, Lahore Vs. Professor Mst. Jamida Malik' 1991 M.L.D. 824 (Lah.) and that of Federal Service Tribunal Muhammad Saeed Khan. Vs. I.G. Of Pakistan Railways Police & another11983 P.L.C. (C.S.)
307. With these observations, interference is denied and writ in limine. If advised, the applicant can agitate his grievance before appropriate forums.