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Petitioner: THE DIRECTOR OF EDUCATION, LAHORE DIVISION, LAHORE And Others VS Respondent: Mrs. R.A.KHAWAJA
Court Name: Supreme Court of Pakistan Judge(s): Mian Burhanuddin Khan, Muhammad Afzal Zullah, Saad Saood Jan Title:THE DIRECTOR OF EDUCATION, LAHORE DIVISION, LAHORE And Others vs Mrs.
R.A.KHAWAJA Case No.: Civil Petition for Special Leave to Appeal No.411 of 1982 Case No.665/1439 Date of Judgment:1987-02-10 Reported As: 1987 SCMR 804 Result: Order accordingly Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.--- This petition for leave to appeal from the judgment of Punjab Services Tribunal dated 6-3-1982, is not being pressed by the learned counsel for the petitioners with a prayer for an observation by this Court that the impugned judgment shall not be treated as a legal precedent for other cases. By now the respondent has retired. The date of superannuation of the respondent who was in the Education Department of the Provincial Government was being fixed with reference to the entry of date of birth in her Matriculation certificate. She brought the matter before the Provincial Services Tribunal. Her appeal was allowed on the finding that the entry of the date of birth in tier service record would be given preference to the entry in the Matriculation certificate. We find that she had sworn an affidavit (photo copy at page 28 of the record) stating that the birth entry in her Matriculation certificate was correct. When questioned with regard to the affidavit, learned counsel for the respondent after consulting her stated that she had signed and submitted the same under duress. There is no such finding by the Tribunal. Be that as it may, the prayer of the learned counsel for the petitioners, in the circumstances of this case, is reasonable. This petition is disposed of as not pressed but the impugned judgment dated 6-3-1982 passed by the Services Tribunal shall not be treated as legal precedent.