| Case ID |
0c0e857e-d150-49bd-bce8-cb8808291b09 |
| Body |
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| Case Number |
Civil Petition No. 4428 of 2019 |
| Decision Date |
Feb 16, 2021 |
| Hearing Date |
Feb 16, 2021 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Muhammad Khaliq Mandokhail against the Government of Balochistan. The petitioner sought alteration of his date of birth in the service record after 22 years of continuous service, which the court found to be based on malafide intent and extraneous considerations aimed at prolonging service tenure. The Board of Intermediate and Secondary Education, Quetta, had altered the date without proper authority or declaration from a Civil Court of competent jurisdiction. The court held that Rule 11 of the Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009, prohibits alteration of date of birth after two years from the date of joining government service, except in cases of clerical mistakes. The petition was dismissed with leave to appeal refused, reinforcing that changes to date of birth under such circumstances are not permissible and may be aimed at unjustly extending service duration. |
| Summary |
In the landmark decision of Civil Petition No. 4428 of 2019, reviewed by the Supreme Court of Pakistan on February 16, 2021, the court addressed the contentious issue of altering a civil servant's date of birth in official records. The petitioner, Muhammad Khaliq Mandokhail, challenged the existing record stating his date of birth as March 1, 1959, which was altered to December 20, 1963, by the Board of Intermediate and Secondary Education, Quetta, without proper authorization. Despite serving 22 years continuously, the petitioner’s attempt to modify his birthdate was scrutinized under the Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009, specifically Section 11, which mandates that any alteration to the date of birth be supported by a clerical mistake and officially certified by a Civil Court within two years of joining government service. The lack of judicial declaration and the timing of the alteration—post-active service—were deemed improper and indicative of malafide intent to extend service tenure unfairly. The Supreme Court reinforced the principle that official records must maintain integrity and that deviations, especially for personal gain, compromise public trust. Referencing previous rulings such as Ali Azhar Khan Baloch v. Province of Sindh 2015 SCMR 456, the court emphasized the non-renewable nature of such alterations beyond the prescribed period. Consequently, the petition was dismissed, with the appellate process refused, underscoring the judiciary's stance against fraudulent modifications in civil service records. This case serves as a crucial precedent in administrative law, highlighting the necessity for strict adherence to procedural rules and the prevention of manipulation within government systems. Keywords such as 'civil service reform', 'government service rules', 'Supreme Court decisions Pakistan', 'alteration of official records', 'civil petition cases', and 'service tenure extension cases' enhance its SEO optimization, ensuring visibility for legal research and public interest topics related to government employment regulations and judicial oversight in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Balochistan,
NADRA,
Board of Intermediate and Secondary Education, Quetta,
Balochistan Service Tribunal, Quetta,
Senior Member, Board of Revenue
|
| Judges |
IJAZ UL AHSAN, JUSTICE,
SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
|
| Lawyers |
Muhammad Shoaib Shaheen, Advocate Supreme Court,
Nemo
|
| Petitioners |
MUHAMMAD KHALIQ MANDOKHAIL
|
| Respondents |
GOVERNMENT OF BALOCHISTAN THROUGH CHIEF SECRETARY, CIVIL SECRETARIAT QUETTA AND ANOTHERS
|
| Citations |
2021 SLD 648,
2021 SCMR 595
|
| Other Citations |
Ali Azhar Khan Baloch v. Province of Sindh 2015 SCMR 456
|
| Laws Involved |
Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009
|
| Sections |
11
|