| Case ID |
22988a38-88a4-483f-b152-72729480d964 |
| Body |
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| Case Number |
Civil Petition No. 97 of 1995 |
| Decision Date |
Mar 13, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal in this case, which concerns the validity of a civil servant's claim to change their date of birth based on a Civil Court decree. The respondent, Muhammad Nawaz Khan, had sought to amend his date of birth from 20 March 1935 to 16 January 1938. The petitioners contested this claim, arguing that the respondent had not raised any objections to the recorded date of birth in over 30 years of service. The Court acknowledged the need for consideration of the matter, especially regarding the implications of the decree and the authority's role in the case. The decision emphasized the importance of the service record's integrity and the timing of the respondent's request, particularly as it was made just before retirement. The Court directed that the appeal should be prepared for hearing before the summer vacations of the same year, highlighting the need for a thorough examination of the precedents cited and the legal principles involved. |
| Summary |
This case revolves around the constitutional implications of changing a civil servant's recorded date of birth in the context of service records. The petitioner, WAPDA, challenged the validity of a Civil Court decree that favored the respondent, Muhammad Nawaz Khan, an engineer seeking to amend his birth date for potential service extension. The Supreme Court's ruling underlines the significance of maintaining accurate service records and the legal boundaries within which civil servants can contest administrative decisions. The case references relevant sections of the Constitution of Pakistan, particularly Article 212(3), and draws upon previous rulings to establish precedents regarding the responsibilities of civil servants and the authority of government departments. This case is pivotal in understanding the balance between individual rights and institutional regulations within public service. Key phrases include 'civil servant age change', 'date of birth amendment', and 'service record integrity', reflecting current discussions in legal and administrative contexts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
WAPDA,
University of Peshawar
|
| Judges |
ZIA MAHMOOD MIRZA,
IRSHAD HASAN KHAN
|
| Lawyers |
Muhammad Ilyas Khan, Advocate Supreme Court,
Ch. M.Z. Khalil, Advocate on Record (absent),
Sh. Riazul Haq, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate on Record
|
| Petitioners |
WAPDA through its Chairman and anothers
|
| Respondents |
another,
MUHAMMAD NAWAZ KHAN
|
| Citations |
1995 SLD 325,
1995 SCMR 1216
|
| Other Citations |
M.R. Khalid v. Chief Secretary, Punjab 1994 SCMR 1633
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
212(3)
|