| Case ID |
39904687-5599-43ba-ae70-0e0775a588e9 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 19 |
| Decision Date |
Mar 11, 1971 |
| Hearing Date |
Mar 11, 1971 |
| Decision |
The Supreme Court dismissed the petitioner's appeal regarding the correction of his date of birth recorded in the service book. The court held that the petitioner, who claimed his date of birth as 7-2-1919, had no legal right to challenge the recorded date of 7-2-1916 after a lapse of more than two decades. The court found that the representation made by the petitioner was beyond the prescribed period of two years as per the Punjab Financial Rules, which govern changes to a government employee's date of birth. The court ruled that the petitioner was not entitled to a hearing regarding his appeal, as the administrative nature of the proceedings did not confer such a right. The decision highlighted that the provisions of the law did not obligate the government to alter the recorded date of birth after such a significant delay, thus concluding that the dismissal of the writ petition by the High Court was justified. |
| Summary |
The case revolves around the issue of a government servant's correct date of birth and the legal implications of such a claim. Ghulam Haider, the petitioner, contested the recorded date of birth in his service book, arguing that it was incorrect and that he had a right to appeal against the administrative decision that upheld this record. The Supreme Court of Pakistan examined the constitutional provisions related to the age of superannuation and the relevant Punjab Financial Rules, concluding that the petitioner's claim was not valid due to the significant delay in filing his representation. The court emphasized that administrative decisions do not always require a hearing and that the law provides specific guidelines regarding the correction of dates of birth for government employees. This case underscores the importance of adhering to procedural timelines and the limitations of legal recourse in administrative matters. Keywords: Government Servant, Date of Birth Correction, Legal Rights, Administrative Decision, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAQUB ALI,
SALAHUDDIN AHMED
|
| Lawyers |
Muhammad Ismail, Advocate Supreme Court,
Abdul Karim Sheikh, Advocate-on-Record
|
| Petitioners |
GHULAM HAIDER
|
| Respondents |
Lahore High Court,
THE DIRECTOR OF EDUCATION, Lahore High Court REGION
|
| Citations |
1971 SLD 236,
1971 SCMR 325
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1962),
Punjab Financial Rules, Vol. 1
|
| Sections |
Art. 98,
Art. 178(3),
r. 7.3
|