| Case ID |
16c11b98-1921-4b03-b302-0eb8a0756d75 |
| Body |
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| Case Number |
Appeal No. 75 of 1985 |
| Decision Date |
Aug 04, 1986 |
| Hearing Date |
Aug 10, 1986 |
| Decision |
The appeal of Mr. Rafiq Ahmed Khan, who was retired based on a disputed date of birth, was dismissed. The tribunal held that the determination of the correct birth date was not within its jurisdiction and required detailed inquiry, which should be conducted in a civil court of competent jurisdiction. The tribunal referenced previous judgments, emphasizing that retirement issues could be included in terms and conditions of service, but the birth date itself was a factual dispute requiring proper evidence. The tribunal ultimately concluded that it could not interfere with the retirement order based on the incorrect birth date assumption. |
| Summary |
This case revolves around the retirement of Rafiq Ahmed Khan from the Food Department of Sind, who contested the validity of his retirement based on discrepancies regarding his date of birth. Despite having a Matriculation Certificate stating his birth date as December 24, 1934, the authorities retired him based on an earlier incorrect date. The case underscores the importance of accurate record-keeping in civil service and the procedural jurisdiction of the service tribunal versus civil courts. The tribunal found that resolving such factual disputes regarding birth dates is beyond its jurisdiction, emphasizing the need for civil courts to handle these matters. This case aligns with trending discussions on civil service regulations and employee rights, highlighting the challenges faced by civil servants regarding retirement age and documentation accuracy. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
Munawar Ali Khan,
Muhammad Ibrahim Lakhiar
|
| Lawyers |
Naimatullah Qureshi,
Abdul Ghafoor Mangi, A. A.-G.
|
| Petitioners |
Rafiq Ahmad Khan
|
| Respondents |
Secretary to Government of Sind, Food Department, Karachi
|
| Citations |
1987 SLD 1036 = 1987 PLC 171
|
| Other Citations |
Federation of Pakistan v. Syed Yaseen Skaff Shah Appeal No.197 (R) of 1976,
Muhammad Bachal v. Government of Sind and another Appeal No.174 of 1974,
Ali Ahmad Brohi v. Province of Sind and others (Appeal No.15 of 1980)
|
| Laws Involved |
Sind Civil Servants Act (XIV of 1973),
Sind Service Tribunals Act (XV of 1973)
|
| Sections |
13,
4
|