JAMAL KHAN JAFFAR vs THE GOVERNMENT OF BALOCHISTAN through Secretary, Services and General Administration, Department, Quetta

1. ' SAIDUZZAMAN SIDDIQUI, ACTG. C.J.---The above appeal with leave of this Court is directed against the judgment of learned Balochistan Service Tribunal dated 29-9-1996.

2. ' The appellant joined service of the Government of Balochistan on 23-1-1957 as Junior Assistant.

3. The appellant contends that his correct date of birth was entered in the Service Book which was prepared at the time he entered into Government service as 16-10-1940. According to the appellant his Matriculation Certificate also shows his date of birth as 16-10-1940. It appears that subsequently in the service record the date of birth of the appellant was shown as 15-10-1936 and accordingly he was due to retire from his service on 14-10-1996. The notification regarding retirement of the appellant was issued by the department on 7-2-1996, which was challenged before the learned Balochistan Service Tribunal, after exhausting the departmental remedy. The contention of the appellant was, however, neither accepted by the department nor by the learned Service Tribunal on the ground that in several seniority lists issued by the department his date of birth was mentioned as 15-10-1936 and therefore, his contention that his actual date of birth is 16-10-1940, is an afterthought.

4. ' At the time of grant of leave against the judgment of the learned Balochistan Service Tribunal, the appellant before this Court contended that there was overwhelming documentary evidence available on the record to show that he was born on 16-10-1940 and not on 15-10-1936 as contended by the department. At the hearing of this appeal the appellant has referred to the seniority list of Naib-Tehsildars of Quetta Division issued by the department on 1-7-1972 wherein his name is mentioned at S.No,27 and his date of birth as 16-10-1940. Similarly, in the Tentative- Integrated Seniority List of NaibTehsildars of Quetta-Kalat and Sibi Divisions issued on 31-12-1974 the name of the appellant is mentioned at S.No,49 and his date of birth is shown as 16-10-1940. It appears that before the learned Service Tribunal the departmental representative took the stand that the Service Book of the appellant was not traceable and that according to the record available in the office the date of birth of the appellant is recorded as 15-10-1936. Before this Court the appellant has produced photostat copies of his Service Book and claimed that his Service Book was available in the office of the Accountant-General Balochistan. We accordingly directed the learned counsel appearing for the respondent to ascertain from the office of the Accountant- General, Balochistan if the Service Book of the appellant has been traced out or is available with that office. Today when we heard this appeal the learned counsel for the respondent was unable to make any positive statement with regard to the availability of the original Service Book. However, the appellant has produced before us a certificate dated 24-4-1998 issued by the Accounts Officer, office of the Accountant-General, Balochistan, Quetta, wherein it is specifically mentioned that it has been verified from the original Service Book of Jamal Khan Jaffar (appellant) that his date of birth is mentioned as 16-10-1940 therein. As the Service Book of a Government servant is the most authentic record with regard to the entries regarding his date of birth which is now traceable according to the report of the Accountant-General Balochistan, it will only be proper that these documents are re-examined by the learned Balochistan Service Tribunal in order to ascertain the correct date of birth of the appellant disclosed at the time he entered into the Government service.

5. ' We, accordingly, allow this appeal, set aside the order of the learned Service Tribunal and remand the case with the direction that the original Service Book of the appellant, which is stated to be available now with the office of the Accountant-General Balochistan, be summoned in order to verify the entries regarding the date of birth of the appellant in the Service record. The learned Service Tribunal is further directed to dispose of the appeal within one month from the date of receipt of this order. There will be no order as to costs.