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Civil Petition for Special Leave to Appeal No. K‑49 of 1969, decided 9th January 1970.

(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, dated the 16th May 1969, in Writ Petition No. 171 of 1969).

Art. 98‑Writ proceedings Government servant‑Date of birth whether correctly recorded in service book of Government employee‑Question of fact‑Cannot be determined in writ jurisdiction.

Petitioner in person.

Nemo for Respondent.

Date of hearing : 9th January 1970.

‑The dispute in this petition is about the date of birth of the petitioner. He was employed by the Karachi Police as a Lower Division Clerk in March 1952. In his service book, his date of birth was mentioned as 20th July 1916. After his discharge from the Karachi Police, he was employed in the year 1957 in the Home Department of the Government of Pakistan, where he served as an Upper Division Clerk up to 1959. On this occasion, the date of birth of the petitioner, in the service book, was entered as 20th July 1914. In September 1967, the petitioner was transferred to the Health Division of the Government of Pakistan, Islamabad and was promoted as an Assistant. On the 4th June 1968, the Health Division issued a Memo. containing an instruction for the retirement of the petitioner from service with effect from the 20^th July 1967. On receipt of this Memo., the petitioner moved the Authorities to correct the entry of the date of birth in his service book, but nothing happened. Thereupon, the petitioner filed Writ Petition No. 171 of 1969, in the High Court of West Pakistan, Karachi Bench, which was dismissed on the 16th May 1969. The petitioner seeks permission to file an appeal against the said order.

The petitioner, who has appeared in person, has contended that his date of birth was recorded by the Home Department without his knowledge and his correct date of birth is 20^th July 1916. Under the Rules, the Department was bound to enquire into the matter and to correct it according to the service book maintained by the Police Department. The question whether the date of birth of the petitioner is 20th July 1916 or 20th July 1914, is a question of fact which can only be determined in regular proceedings. The best course, therefore, for the petitioner is to file a regular suit against the Department for the redress of his grievances. The petition is dismissed.

Leave refused.

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