Case ID |
d83766b4-e393-47ed-a538-7a4edd447a89 |
Body |
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Case Number |
C.P. No. 595-K of 2013 |
Decision Date |
Feb 28, 2014 |
Hearing Date |
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Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the High Court's judgment, which had dismissed the constitutional petition filed by the Petitioner. The Court held that the Petitioner had significantly delayed his request for a correction of his date of birth, which was rejected by the Oil and Gas Development Company (OGDCL) on the grounds of laches. It was determined that the Petitioner failed to provide a satisfactory explanation for the delay in seeking the amendment of his date of birth after serving for over 20 years. The Court emphasized that the documents submitted at the time of joining service clearly indicated the date of birth as 6-6-1953, and such declarations were deemed final as per the established rules and circulars of OGDCL. Furthermore, the reliance on various certificates for the correction of the date of birth was deemed insufficient and lacking legal basis, solidifying the High Court's position on the matter. |
Summary |
The case revolves around the request of Shahid Ahmed, an employee of the Oil and Gas Development Company Ltd. (OGDCL), to correct his date of birth from 6-6-1953 to 11-6-1956. This request was filed after a significant delay of over 20 years of service. The Supreme Court of Pakistan upheld the High Court's dismissal of the petition on the grounds of laches, noting that the applicant had not reserved his right to amend his date of birth at the time of joining the company. The Court highlighted the importance of the documents submitted during the appointment process, which consistently reflected the original date of birth. The ruling underscores the strict adherence to established rules regarding the finality of birth dates declared at the time of joining service and the insufficiency of subsequent certificates for amending such records. Key legal principles involved include the Civil Servants (Appointment, Promotion and Transfer) Rules and relevant constitutional provisions. This case serves as a critical reference for issues surrounding employment records and the legal implications of delays in administrative requests. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
OIL AND GAS DEVELOPMENT COMPANY LTD.
|
Judges |
AMIR HANI MUSLIM,
IJAZ AHMED CHAUDHRY,
GULZAR AHMED
|
Lawyers |
M.M. Aqil Awan,
Salah-ud-Din Gandapur,
Ghulam Qadir Jatoi
|
Petitioners |
SHAHID AHMED
|
Respondents |
OIL AND GAS DEVELOPMENT COMPANY LTD.
|
Citations |
2014 SLD 152,
2014 SCMR 1008
|
Other Citations |
Not available
|
Laws Involved |
Civil Servants (Appointment, Promotion and Transfer) Rules, 1973,
Constitution of Pakistan, 1973
|
Sections |
12A,
199,
25
|