Syed YASIN SAKAFF SHAH vs GOVERNMENT OF PAKISTAN THROUGH SECRETARY,
This matter arises from a petition seeking leave to appeal against the dismissal of a writ petition by the High Court of West Pakistan, which had upheld the retirement of the petitioner based on his recorded date of birth. The petitioner challenged the correctness of his date of birth entered in his service book as 20th July 1914, contending it should be 20th July 1916 as originally recorded during his earlier employment with the police. The core legal question concerned the determination of a disputed entry regarding a government servant's date of birth and whether writ proceedings are appropriate for resolving such factual disputes. The Supreme Court held that the dispute regarding the correct date of birth is a question of fact that cannot be appropriately resolved in writ proceedings and requires regular proceedings. The key principle laid down is that disputed questions of fact regarding a service record, such as a date of birth, should be pursued through a regular suit rather than a constitutional petition.
- Can a disputed question of fact regarding a government servant's date of birth be resolved in writ proceedings?
- What is the appropriate legal remedy for a government servant seeking correction of an entry in their service book?
ORDER
1. WAHIDUDDIN AHMAD, J.-The dispute in this petition is about the date of birth of the petitioner. He was employed by the Karachi Police as a Lower Division Clerk in March 1952. In his service book, his date of birth was mentioned as 20th July 1916. After his discharge from the Karachi Police, he was employed in the year 1957 in the Home Department of the Government of Pakistan, where he served as an Upper Division Clerk up to 1959. On this occasion, the date of birth of the petitioner, in the service book, was entered as 20th July 1914. In September 1967, the petitioner was transferred to the Health Division of the Government of Pakistan, Islamabad and was promoted as an Assistant.
2. On the 4th June 1968, the Health Division issued a Memo. Containing an instruction for the retirement of the petitioner from service with effect from the 20 July 1967. On receipt of this Memo., the petitioner moved the Authorities to correct the entry of the date of birth in his service book, but nothing happened. Thereupon, the petitioner filed Writ Petition No. 171 of 1969, in the High Court of West Pakistan, Karachi Bench, which was dismissed on the 16th May 1969. The petitioner seeks permission to file an appeal against the said order.
3. The petitioner, who has appeared in person, has contended that his date of birth was recorded by the Home Department without his knowledge and his correct date of birth is 20 July 1916. Under the Rules, the Department was bound to enquire into the matter and to correct it according to the service book maintained by the Police Department. The question whether the date of birth of the petitioner is 20th July 1916 or 20th July 1914, is a question of fact which can only be determined inth th regular proceedings. The best course, therefore, for the petitioner is to file a regular suit against the Department for the redress of his grievances. The petition is dismissed.
Cited by 2 cases
- HYDRI SHIP BREAKING INDUSTRIES LTD. vs SINDH GOVERNMENT and otherss 2007 MLD 770
- SHERSHAH INDUSTRIES LTD. vs THE GOVERNMENT OF SIND AND 4 Other 1982 PLD Karachi 653