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Petitioner: ZAFAR IQBAL VS Respondent: GOVERNMENT OF SINDH
1990 P L C (C
1990 P L C (C.S.) 676
[Karachi High Court]
Before Ajmal Mian, CJ. and Salahuddin Mirza, J
ZAFAR IQBAL
Versus
GOVERNMENT OF SINDH and others
Constitutional Petition No. D-923 of 1989, decided on 4th October, 1989.
Constitution of Pakistan (1973)--
---Art. 199---Civil services---Age---Substitution of---Petitioner's claim was that if the date of birth of respondent had not been substituted, petitioner would have been entitled to promotion as respondent would have retired from service upon attaining the age of sixty ---Question as to whether date of birth of respondent had been properly substituted being a disputed question of fact, would need recording of evidence inter alia, as to the reason why the original date of birth was incorrectly given---No statutory rule was cited which provides the substitution of date of birth and which might have been violated---Constitutional petition was thus not maintainable.
Muhammad Muzaffar-ul-Haq for Petitioner.
ORDER
AJMAL MIAN C.J.--By this petition the petitioner has impguned the action of respondent No. 1 to substitute respondent No. 2's date of birth 1-9-1920 by 1-9-1934. The case of the petitioner is that if the above date of birth of respondent No. 2 would not have been substituted, he would have been entitled to the promotion as respondent No. 2 would have retired from the service upon attaining the age of 60. In our view the question whether the date of birth of respondent No. 2 has been properly substituted is a disputed question of fact which will need recording of evidence inter alia as to the reason as to why the original date of birth was incorrectly given. Mr. Mu7.affar-ul-Haq, learned counsel for the petitioner has not cited any statutory rule which provides the substitution of the date of birth and which might have been violated.
The petition is, therefore, dismissed in limine. However, it will be open to the petitioner to file appropriate proceeding in accordance with law.
AA./Z-127/K Petition dismissed.