| Case ID |
2d5e0c69-dc70-4f0d-9623-fb6a1827d175 |
| Body |
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| Case Number |
Constitutional Petition No. D-413 and M.As. Nos. 5 |
| Decision Date |
Sep 04, 2013 |
| Hearing Date |
Aug 21, 2013 |
| Decision |
The Sindh High Court dismissed the Constitutional Petition No. D-413 and M.As. Nos.5246, 2282, 5247 of 2013 filed by Shahid Ahmed Pathan against Oil and Gas Development Company Ltd. The court held that the petitioner's request to alter his date of birth was unauthorized under the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, specifically Section R.12-A, which prohibits such alterations post-induction. Additionally, the court found that the petitioner failed to approach with clean hands, as the attempt to change the date of birth appeared to be a calculated effort to prolong service tenure and enjoy extended benefits. The court also noted the doctrine of laches due to the significant delay in filing the petition, rendering it moot following the petitioner's retirement. Consequently, the petition was dismissed without ordering costs. |
| Summary |
In the landmark case of Shahid Ahmed Pathan vs. Oil and Gas Development Company Ltd., the Sindh High Court adjudicated a significant Constitutional Petition concerning the alteration of an employee's date of birth in official records. Filed under Constitutional Petition No. D-413 and M.As. Nos.5246, 2282, 5247 of 2013, and decided on September 4, 2013, this case underscores the stringent adherence to statutory rules governing civil servants in Pakistan. The petitioner, Shahid Ahmed Pathan, sought to correct his date of birth from June 6, 1953, to June 11, 1956, based on a recently issued matriculation certificate. However, his application was met with firm resistance from the Oil and Gas Development Company Ltd. (OGDCL), invoking Section R.12-A of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, which explicitly prohibits any alteration of the date of birth post-induction into service.
The court, comprising Judges Sajjad Ali Shah and Aziz-ur-Rahman, meticulously examined the merits of the petition. It was established that the petitioner had previously attempted to amend his birthdate through the Executive District Officer Education, Jacobabad, but such an action lacked the necessary authorization and was deemed unlawful. The High Court emphasized that the statutory framework governing OGDCL employees mandates the finalization of personal details, including the date of birth, at the time of service entry, thereby discouraging any subsequent modifications unless sanctioned by a competent legal authority.
Furthermore, the court highlighted the doctrine of laches, noting the undue delay in the petitioner's approach, which rendered the petition moot, especially in light of the petitioner's retirement on June 5, 2013. This delay not only undermined the urgency of the correction sought but also suggested an ulterior motive to extend service tenure and benefit accumulation unjustly.
The defense, represented by Javed Iqbal, contended that the petition was an attempt to bypass the established Service Tribunal, advocating for the High Court's exclusive jurisdiction in this context. However, the court remained unperturbed, reinforcing the precedent set in previous judgments that delineate the boundaries of constitutional petitions vis-à-vis service-related grievances.
Key legal references in this case include Article 199 of the Constitution of Pakistan, which outlines the High Court's jurisdiction over constitutional petitions, and the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, particularly Section R.12-A. The court also cited pertinent case laws, including Syed Tahir Abbas Shah v. OGDCL and Khalil Ahmad Siddiqui v. Pakistan, to substantiate its ruling.
The dismissal of the petition serves as a stern reminder to civil servants and employees within statutory organizations about the inviolability of officially recorded personal details and the limited avenues available for seeking recourse against administrative decisions. It also reinforces the importance of adhering to prescribed legal timelines, as delays can significantly impact the viability of petitions.
For professionals and entities operating within the Pakistani civil service framework, this case underscores the necessity of maintaining accurate and unalterable personal records and the importance of following due process when seeking legal interventions. The ruling also provides clarity on the jurisdictional parameters between High Courts and Service Tribunals, delineating the scope of constitutional petitions in addressing employment-related grievances.
In essence, the Shahid Ahmed Pathan vs. Oil and Gas Development Company Ltd. case is a pivotal reference point for understanding the intersection of administrative law and constitutional jurisprudence in Pakistan. It highlights the judiciary's role in upholding statutory provisions and safeguarding the procedural sanctity of civil service regulations, thereby ensuring that personal data integrity is maintained within government frameworks. |
| Court |
Sindh High Court
|
| Entities Involved |
Oil and Gas Development Company Ltd.
|
| Judges |
Sajjad Ali Shah,
Aziz-ur-Rahman
|
| Lawyers |
Syed Muhammad Saulat Rizvi,
Javed Iqbal
|
| Petitioners |
Shahid Ahmed Pathan
|
| Respondents |
Oil and Gas Development Company Ltd. through Managing Director and 2 others
|
| Citations |
2014 SLD 200 = 2014 PLC 649
|
| Other Citations |
Syed Tahir Abbas Shah v. OGDCL through M.D. Head Office, Islamabad and another [2011 SCMR 1912],
M.D., O.G.D.C.L. and another v. Saleem Ataf and others C.P. No.22405 of 2010,
Khalil Ahmad Siddiqui v. Pakistan through Secretary Interior, Interior Division, Government of Pakistan and 5 others 2003 PLC (C.S.) 696,
State Bank of Pakistan through Governor and another v. Imtiaz Ali Khan and others 2012 SCMR 280,
C.P.L.A. No. 2422 of 2010 (Ahmad Hussain v. The Oil and Gas Development Company, Islamabad, etc.),
Jawad Mir Muhammadi v. Haroon Mirza (PLD 2007 SC 472),
Smith v. Clay (1767) 3 Bro. C.C. 639n,
Member (S&R)/Chief Settlement Commissioner v. Ashfaque Ali (PLD 2003 SC 132)
|
| Laws Involved |
Constitution of Pakistan,
Civil Servants (Appointment, Promotion and Transfer) Rules, 1973
|
| Sections |
Art. 199,
R.12-A
|