| Case ID |
e32fcee5-923f-4931-a5ae-bec8302ea090 |
| Body |
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| Case Number |
Intra-Court Appeal No. 375 of 1996 |
| Decision Date |
May 12, 1998 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the Constitutional petition of the civil servant against the decision of the Establishment Division. The court held that the civil servant did not object to his date of birth for over 35 years during his service and failed to implead the Federation of Pakistan as a necessary party in his civil suit. The court also noted that the civil servant would not have been eligible for appointment if the contested date of birth had been used in his application, providing justifiable reasons for the government's refusal to change his date of birth. Consequently, the Intra-Court Appeal and Writ Petition No. 3863 of 1997 were dismissed with no order as to costs. |
| Summary |
In the landmark case of Ghulam Asghar Khan vs. Federation of Pakistan, heard by the Lahore High Court on May 12, 1998, the appellant, a civil servant, sought to correct his date of birth from August 24, 1936, to August 24, 1940. This correction was initially granted by a civil court, altering his Matriculation Certificate. However, the Establishment Division of the government refused to implement this change, citing various reasons including the appellant's delayed request for correction and potential ineligibility for service appointments based on the corrected age. The appellant's constitutional petition against this decision was dismissed by the High Court, which emphasized the appellant's long-standing acceptance of his original date of birth without objection. The court referenced several precedents, including cases like M.R. Khalid v. Chief Secretary and others, reinforcing the principle that late objections to official records without prior dispute do not warrant governmental amendments. The decision underscored the importance of timely objections and the necessity of including all relevant parties in legal actions. Ultimately, the court found no merit in the appellant's appeal, maintaining the original government decision and highlighting the legal obligations of civil servants in maintaining accurate personal records. This case exemplifies the judiciary's stance on the finality of administrative decisions once adequate time has elapsed without contestation, and it serves as a precedent for similar cases involving personal data corrections within government records. The dismissal was affirmed without costs, reinforcing the strength of procedural requirements in administrative law and civil service regulations. |
| Court |
Lahore High Court
|
| Entities Involved |
Federal Government,
Establishment Division,
Federation of Pakistan,
University of the Punjab,
Civil Court
|
| Judges |
IHSANUL HAQ CHAUDHRY,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Mian Abdul Khaliq,
Kh. Saeed-uz-Zafar
|
| Petitioners |
GHULAM ASGHAR KHAN
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary, Establishment Division, Islamabad and 3 others
|
| Citations |
1999 SLD 821,
1999 PLC 210
|
| Other Citations |
M.R. Khalid v. Chief Secretary, Punjab and another 1994 SCMR 1633,
Government of the Punjab through Secretary, Department of Education, Lahore v. Prof. Mst. Jamida Malik and another 1991 MLD 824,
Sh. Mumtaz Ali v. Government of Punjab 1991 PLC (C.S.) 1202,
Sarfraz Khan v. Federation of Pakistan 1986 SCMR 1950,
Rashid Ahmad v. Water and Power Development Authority and another 1992 PLC (C.S.) 903,
Chief Medical Officer v. Khadeer Khadri AIR 1995 SC 850,
Union of India and others v. Kantilal Hematram Pandya AIR 1995 SC 1349,
Burn Standard Co. Ltd. and others v. Dinabandhu Majumdar and another AIR 1995 SC 1499,
Ghulam Haider v. The Director of Education, Lahore Region, Lahore and another 1971 SCMR 325
|
| Laws Involved |
Qanun-e-Shahadat, 1984
|
| Sections |
Art. 49
|