Date of birth of govt employee: SC gives verdict in response to Balochistan govt plea

ISLAMABAD: The Supreme Court said the date of birth of a government employee once entered in the service record will not be altered and if any alteration is to be sought, the same has to be done within two years of joining the service.

A two judge bench, headed by Chief Justice Gulzar Ahmed, ruled this on the appeal of Balochistan government against the Service Tribunal’s decision.

The judgment authored by CJP Gulzar stated: “The apex court [in many judgments] has elaborately dealt with the question of alteration of date of birth of government employee and came to the conclusion that the date of birth once written in the service record at the time of entering into service cannot be altered or changed in any case, it cannot be done after two years.”

Mohibullah (respondent) was employed as an assistant sub-inspector in Balochistan Police and elevated to the rank of DSP.

At the time of his entering into government service, he himself filled in a form of character and service roll dated 24-01-1980. In the column of date of birth of the form he mentioned his date of birth as 20-01-1960.

The Central Police Office (CPO), Quetta on 30-09-2019 issued a letter to the respondent communicating to him about his retirement date on attaining the age of superannuation.

The letter said that his date of birth is 20-01-1960; therefore, he will be retiring from service on 19-01-2020.

However, the respondent replied to the CPO in November 2019 that his birth as per his CNIC is of 1961. The department did not accept his letter. The respondent; therefore, filed a Service Appeal in Balochistan Service Tribunal, Quetta claiming that his date of birth is 20-12-1961. The Tribunal had allowed his appeal on the ground that his service book, which was the primary document showing the date of birth of the respondent, was not produced before the Tribunal.

The Balochistan government contended before the apex court that Rule 11 of Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009 does not allow changing of date of birth by an employee after two years of his entering into government service.

The judgment stated that the respondent for the first time came up with a plea that his date of birth is of 1961 in reply to the CPO’s letter. The court noted that in his letter the respondent did not give any exact date of his birth but stated that so is mentioned in this CNIC.

The Court stated that Rule 11 of Balochistan Civil Servants Rules, 2009 is very unequivocal term provided that the date of birth once entered in the service record will not be altered and if any alteration is to be sought; the same has to be done with a period of two years of joining the service and not thereafter.

Copyright Business Recorder, 2021