519/2014 Suit Ali Ahmed Lund (Plaintiff) V/S Federation of Pakistan & ors (Defendant)

519/2014 Suit Ali Ahmed Lund (Plaintiff) V/S Federation of Pakistan & ors (Defendant) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 29-MAY-14

"Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----R. 12-A---Correction of date of birth in service record---Scope---Contention of plaintiff was that his date of birth was 2-4-1956 instead of 2-4-1954---Validity---Plaintiff passed Central Superior Service examination in the year 1983 and became civil servant in the said year and he had been since then maintaining his date of birth as 2-4-1954---Employee could not rectify his date of birth after insertion of R.12-A in Civil Servants (Appointment, Promotion and Transfer) Rules, 1973---After 30 years of service it had revealed to the plaintiff that his actual date of birth was 2-4-1956---Once date of birth in the record at the time of joining service was mentioned the same should be final and no alteration was permissible--- Insertion of R.12-A in Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 was logical and statutory in nature---Suit being not maintainable was dismissed in circumstances---Plaintiff had reached to the age of superannuation and any salary, perks, privileges or any benefits availed subsequent to the age of superannuation should be returned forthwith."