PLJ 2017 Peshawar High Court 32
Present to: NISAR HUSSAIN KHAN AND WAQAR AHMAD SETH
SECRETARY TO GOVT. OF KHYBER PAKHTUNKHWA, EDUCATION DEPARTMENT PESHAWAR and 4 others
Constitution of Pakistan, 1973– —-Art. 199–Civil Servants (Appointment, Promotion and Transfer) Rules, R. 12-A–Constitutional petition–Correction of date of birth in service book–Salary was stopped–Suit for declaration seeking correction in date of birth as wrongly entered in record of NADRA–Suit was decreed–Correction of date of birth in CNIC and not in service record–Maintainability–Decree of Civil Court obtained by petitioner was not binding or applicable to government–Civil servant had not arrayed education department a party in suit–Suit was merely against NADRA for correction of date of birth in CNIC–Civil servant at stage of retirement could not be allowed to take any benefit regarding matter about which he himself was negligent and illiteracy or otherwise of civil servant was no ground at all–Petition was dismissed. [Pp. 37 & 38] A & B 2003 SCMR 444, 2004 PLC (CS) 1162 & 1998 SCMR 1494, ref.
Judgement Result: Petition dismissed