A challenge has been made in third writ petition to the decision dated 14-4-1992 of the Regional Claim Committee, Employees' Old-Age Benefit Institution, Garden Town, Lahore.
2. The dispute in this case relates to grant of pension to the petitioner is that he is entitled to pension for the period July, 1986 to June, 1989 on the basis of his date of birth as 13-5-1931. The stand of the respondents is that the correct date of birth of the petitioner was 13-3-1937 and, therefore, he was entitled to pension with effect from June, 1990 and not with effect from June, 1986.
The Employees' Old-Age Benefit Institution (hereinafter called the Institution) constituted a Committee known as the Regional Claim Committee to examine the claim of the petitioner. The Committee after due deliberation and thoroughly examining the material available before it, recorded a unanimous finding of fact that the date of birth of the petitioner was 13-5-1931 and on that basis the competent authority passed orders on 26-4-1989 for payment of pension in the sum of Rs.10,404 to the petitioner. Later the matter was re-opened and decided against the petitioner.
3. The question whether correct date of birth of the petitioner was 13-5-1931 or 13-3-1937, is essentially a question of fact which cannot be determined in these proceedings. It is for the competent authority of the Institution to decide on the basis of material available before it as to the correct date of birth of the petitioner.
4. Be that as it may, in the instant case, the Committee, after independent application of its mind, recorded a finding of fact that the date of birth of the petitioner was 13-5-1931 and on that basis the disputed amount was given to, the petitioner. This order attained finality and was not open to scrutiny in view of the ratio laid down in Pakistan v. Muhammad Himayatullah Farukhi (PLD 1969 SC 407). On this ground alone, the impugned order is liable to be declared as having been passed without lawful authority and of no legal effect. Order accordingly.
Resultantly the writ petition is accepted with no order as to costs.