MUHAMMAD KHALIQ MANDOKHAIL vs GOVERNMENT OF BALOCHISTAN through Chief Secretary, Civil Secretariat Quetta R

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD KHALIQ MANDOKHAIL VS GOVERNMENT OF BALOCHISTAN through Chief Secretary, Civil Secretariat Quetta R. 11---alteration of date of birth in service record---Disallowed---Mala fide of Education Board in changing date of birth---academic credentials of the petitioner-civil servant clearly reflected that the date of birth was recorded as 1-3-1959 on every document including NaDRa record---Petitioner moved for correction of his date of birth after a lapse of 22 years of continuous service in the year 2014, and approached the Board of Intermediate and Secondary Education ('the Board'), to get his date of birth changed from 01-03-1959 to 20.12.1963---Board without any hesitation proceeded according to the whims of the petitioner and made the alteration, when it had no authority to entertain such a request---In the absence of any declaration from a Civil Court of competent jurisdiction, the Board was not empowered to change the date of birth---Whole proceedings carried out by the Board smacked of mala fide---Consequently the proceedings carried out regarding the change of date of birth were prima facie based upon an act of Board which was mala fide, based upon extraneous consideration, therefore, any superstructure raised over it would fall to the ground---Since the whole proceedings for alteration of date of birth were carried out by the petitioner after a lapse of 22 years of active service, therefore, it could safely be held that such proceedings were based upon an afterthought just to prolong the service tenure on the basis of frivolous and tainted documents---Petition for leave to appeal was dismissed and leave was refused with the observation that the Supreme Court in a number of cases had discouraged change in the date of birth of a civil servant, which could be for the purpose of unduly enhancing the tenure of service in employment. Citation Name: 2021 PLC(CS) 570 SUPREME-COURTBookmark this Case MUHAMMAD KHALIQ MANDOKHAIL VS GOVERNMENT OF BALOCHISTAN through Chief Secretary, Civil Secretariat Quetta R. 11---alteration/correction of date of birth in service record---Rule 11 of Balochistan Civil Servants (appointment, Promotion and Transfer) Rules, 2009, interpretation of---Date of birth of the petitioner mentioned in his Secondary School Certificate was 01-03-1959, while in his service book, it was registered as 20-12-1963---Plea of petitioner that according to R. 11 of the Balochistan Civil Servants (appointment, Promotion and Transfer) Rules, 2009, (the 2009 Rules) the date of birth of a civil servant once recorded at the time of joining the government service shall be final and no alteration therein shall be permissible---Held, that service book was only a piecemeal and for all intents and purposes it would not be considered as a complete service record---Other documents relating to his service record including the academic record, the CNIC, the seniority lists prepared on different occasions, the aCRs and the retirement notification, all conjointly reflect that the date of birth of the petitioner was incorporated as 01.03.1959---Petitioner agitated his grievance in the year 2014 after a lapse of 22 years of joining service---Proceedings initiated by the petitioner seeking alteration in the date of birth while pressing in R. 11 of the Balochistan Civil Servants (appointment, Promotion and Transfer) Rules, 2009 were intended on the basis of extraneous considerations just to prolong his service period---Petition for leave to appeal was dismissed and leave was refused. Citation Name: 2021 PLC(CS) 570 SUPREME-COURTBookmark this Case MUHAMMAD KHALIQ MANDOKHAIL VS GOVERNMENT OF BALOCHISTAN through Chief Secretary, Civil Secretariat Quetta R. 11---alteration/correction of date of birth in service record---Scope---Civil servant could not seek alteration in his date of birth at the verge of his retirement. Citation Name: 2021 PLC(CS) 570 SUPREME-COURTBookmark this Case MUHAMMAD KHALIQ MANDOKHAIL VS GOVERNMENT OF BALOCHISTAN through Chief Secretary, Civil Secretariat Quetta R. 11---alteration/correction of date of birth in service record---Pre-requisites---While seeking such an alteration/correction, a declaration was sine qua non which could only be issued by the Civil Court of competent jurisdiction on the basis of evidence produced during the proceedings regarding the authenticity of the subject matter.

MUHAMMAD KHALIQ MANDOKHAIL vs GOVERNMENT OF BALOCHISTAN through Chief Secretary, Civil Secretariat Quetta R — 2021 PLC(CS) 570 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2021 PLC