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Petitioner: Dr. ZULFIQAR AHMED MALIK VS Respondent: FEDERATION OF PAKISTAN through Secretary Revenue Division, Chairman FBR Islamabad and others
Court Name: Supreme Court of Pakistan Judge(s): Gulzar Ahmed, Yahya Afridi Title:Dr. ZULFIQAR AHMED MALIK vs FEDERATION OF PAKISTAN through Secretary
Revenue Division, Chairman FBR Islamabad and others Case No.: Civil Petition No. 2098 of 2019 Date of Judgment:2019-05-31 Reported As: 2019 SCMR 1973 Result: Petition allowed Judgment ORDER GULZAR AHMED, J. We have heard the learned counsel for the petitioner . The petitioner's case before the Federal Service Tribunal was that of a change of his date of birth from 01.06.1959 to 8.12.1960. The Tribunal after hearing the petitioner has passed the impugned judgment dated 23.05.2019, by which the Service Appeal of the petitioner has been dismissed. Learned counsel has contended that Rule 12-A of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, was inserted in the Rules on 31.07.2000 and therefore, could not have retrospective effect and in this respect has relied upon the case of Water and Power Development Authority v. Irtiqa Rasool Hashmi and another (1987 SCMR 359). The Tribunal in the impugned judgment has dealt with the matter quite extensively with all supporting case law and then has come to the conclusion by which the service appeal of the petitioner has been dismissed. The question of application of retrospectivity to Rule 12(2) is not germane to the case in hand for that such rule was made when the petitioner was in service and the petitioner cannot claim any vested right in rules which are alterable by the government, against which there is no embargo. The petitioner himself has not challenged the vires of Rule 12A and thus also he cannot be given benefit of his claim. No substantial question of law of public importance in terms of 212(3) of the Constitution is made out. The petition is, therefore, dismissed and leave refused.
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