| Case ID |
2b06d332-ab94-47e2-9a55-347008d6ccfc |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.230 of 2001 |
| Decision Date |
Mar 27, 2002 |
| Hearing Date |
Nov 14, 2001 |
| Decision |
The Supreme Court of Pakistan dismissed the petition seeking leave to appeal against the Federal Service Tribunal's judgment, which had upheld the Atomic Energy Commission's decision not to change the petitioner's recorded date of birth in his service record. The court highlighted that the regulations in place did not allow for alterations to the date of birth except in cases of clerical error, and that the petitioner did not follow the requisite procedures for challenging the original recorded date. The ruling emphasized the importance of maintaining the integrity of records and preventing potential manipulations regarding birth dates in government service. |
| Summary |
In the case Niaz Akbar vs. Atomic Energy Commission, the Supreme Court of Pakistan addressed a petition concerning the change of an employee's date of birth recorded in official records. The case stemmed from Niaz Akbar's initial appointment as an Assistant Engineer in the Pakistan Atomic Energy Commission, where he declared his date of birth as June 13, 1964. After successfully obtaining a declaratory decree from a civil court to change his date of birth to March 11, 1967, he requested the Commission to amend his records. However, the Commission later retracted this decision, leading to the dismissal of Akbar's appeals. The Supreme Court upheld the Commission's authority, citing existing regulations that only permitted corrections in cases of clerical errors. The court's decision reinforced the principles of legal certainty and the unalterable nature of birth records once established. This case serves as a significant reference point in understanding the regulations governing government employees' records in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
ABDUL HAMEED DOGAR,
TANVIR AHMED KHAN
|
| Lawyers |
Fazal Ellahi Siddiqui, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record,
Raja Muhammad Ibrahim Satti, Advocate Supreme Court,
M.S. Khattak, Advocate-on-Record,
Imitaz Ali, Additional Advocate-General, N.-W.F.P.
|
| Petitioners |
NIAZ AKBAR
|
| Respondents |
ATOMIC ENERGY COMMISSION through Chairman and another
|
| Citations |
2002 SLD 1870,
2002 PLC 970
|
| Other Citations |
Syed Iqbal Haider v. Federation of Pakistan and another 1998 SCMR 1494,
Haq Nawaz Kiani v: Province of Punjab through Chief Secretary, Government of Punjab, Civil Secretariat, Lahore and others 1998 SCMR 801,
M.R. Khalid v. Chief Secretary, Punjab and another 1994 SCMR 1633,
PLD 1992 SC 207
|
| Laws Involved |
Pakistan Atomic Energy Commission Employees (Service) Regulations, 1974,
Pakistan Atomic Energy Commission Ordinance (XVII of 1965),
General Financial Rules,
Civil Servants (Appointment, Promotion and Transfer) Rules, 1973,
Specific Relief Act (I of 1877),
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
3.2,
13,
20,
21,
116,
117,
42-A,
42,
4,
212(3)
|