Basic rule of correction in service record
The general rule for correction in service record is that the date of birth of a civil servant which was recorded at the time of joining of service, shall be final and no change shall be permissible except, the correction of clerical mistake in recording of date. In this context, no request of shall be entertained after two years of the entry of the date in record. For this alteration, the appointing authority shall entertain the cases on recommendation of inquiry committee. Civil servant could not seek change in his date of birth at the verge of retirement or otherwise through a suit.
Muhammad Khaliq Mandokhail V. Government of Balochistan through chief secretary, civil Secretariat, Quetta and another 2021 SCMR 595
Chief Executive Officer V Khuda Bakhsh 2020 PLC 122
Rana Muhammad Rasheed V labour Appellate Tribunal Sindh 2019 PLC 115
Exception to the general rule
Though the general rule is that the date of birth once recorded in service book will not be permissible to be altered, however, there is an exception to this rule. Even after two years of employment, alterations can be made by the authority in certain circumstances. The rules does not prohibit or restrain the competent authority from inquiring into the case where it is apparent from the face of record that certain interpolation is made by the civil servant in his service book or he provided incorrect date.
He can not plead that by all means wrong entry made in record, should be treated sacrosanct or as gospel truth which couldn’t be rectified despite being found and proved to be incorrect, deceitful or interpolated. It is not an absolute rule that once an entry of date of birth has been made it cannot be altered or changed.
Ali Bux Shaikh Vs The chief secretary, Government of Sindh, Karachi and others (2022 SCMR 2050)
Administrative Committee of High Court of Sindh through registrar, High Court of Sindh, Karachi and another V. Arjun Ram K. Talreja 2008 SCMR 255
Civil Suit not maintainable for correction in service record
Civil suit is not maintainable for correction in service record before any court. Correction of D.O.B is a part of terms and conditions of service of a civil servant. It could not be done through a civil suit under the bar provided by the Article 212 of the constitution of Pakistan. He has to approach the tribunal for amendment or alteration in his date of birth.
Ali Azhar Khan Baloch and others V. Province of sindh and others 2015 SCMR 456
Dr Muhammad Aslam Baloch V Govt of Balochistan 2014 SCMR 1723
For correction in service record, a civil servant filed a declaratory suit in 1988 and obtained a judgment and decree dated 07.09.1989, and armed with the said judgment and decree, he filed an application for alteration in his date of birth which was declined vide letter dated 07.04.1991 issued by the Government of Balochistan, Services and General Administration Department.
Supreme Court held that the argument of the civil servant was that Government of Balochistan did not challenge the judgment and decree which had attained finality and it was bound to implement it, is misconceived and without substance. In the first place, even the maintainability of the suit was questionable on account of clear and elaborate rules available in the Service Rules. Further, the Government of Balochistan which was a necessary party was not impleaded and the judgment in question was neither binding nor executable against the Government of Balochistan.
CHIEF SECRETARY, GOVERNMENT OF BALOCHISTAN, QUETTA and others V. ASMATULLAH KAKAR 2020 SCMR 1678
It has been held in Rana Muhammad Rasheed’s Case that the mode of correction in the D.O.B of a Government / Public Servant is provided under Rule 12 – A of the Civil Servants ( Appointment , Promotion and Transfer ) Rules , 1973 , which is part of terms and conditions of employment of Civil / Public Servant and cannot be resorted to through a Civil Suit .
It has also been well established by now that a Public Servant cannot seek change in his D.O.B when he is near to his retirement or otherwise through a suit. In this respect principles laid down in the case of Dr. Muhammad Aslam Baloch v . Government of Balochistan ( 2014 SCMR 1723 ) are fully attracted . The Hon’ble Supreme Court of Pakistan in the case of Ali Azhar Khan Baloch v . Province of Sindh ( 2015 SCMR 456 ) has already dealt with the issue of alteration in date of birth.
Rana Muhammad Rasheed V. Labour Appellate Tribunal Sindh and 3 others 2019 PLC 115
Constitutional jurisdiction barred
It is held by the supreme court that the civil and constitutional jurisdiction does not lie in respect of the suit or petition which is filed in relation to the terms and conditions of the service of a civil servant because the service tribunal act has provided that a tribunal constituted under said act, has exclusive jurisdiction in respect of matters relating to the terms and condition of Govt. servants, including disciplinary matters. Jurisdiction of all other courts is barred in these matters in the light of Article 212 of the Constitution of Pakistan.
Ali Azhar Khan Baloch and others V. Province of sindh and others 2015 SCMR 456
It is settled principle of law that where procedure had been provided for doing a thing in a particular manner then same should be done in that manner alone and not in any other way or it should not be done at all; otherwise it would be considered non-compliance of the legislative intent and would be deemed illegal.
FAISALABAD ELECTRIC SUPPLY COMPANY and 3 others Versus ADDITIONAL DISTRICT JUDGE and 2 others—2023 MLD 1255
Wrong paradigm by authority for change in service record
In a case where an employee referred to the precedent of fellow employees who had obtained permission of correction of date of birth, it was held by the court that in any event, the circular referred, shows that the D.O.B declared by the public servant at the time of joining of service would be final and it would not be amended at any subsequent stage.
Therefore, even if any amendment is wrongly made by the employer in D.O.B of an employee, it would not confer any right upon the other servant to get his D.O.B amended on ground of discrimination as such the act of altering or amending the date of birth by the employer, on the face if it was contrary to the language of the circular /Office Memorandum.
Shahid Ahmad V. Oil and Gas Development Company LTD though managing director Islamabad and others 2015 PLC (C.S) 267
Relevant Statutes
The Constitution of Pakistan
The Punjab Service Tribunal Act, 1974 & The Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974
The Sindh Service Tribunal Act, 1973 & The Civil Servants ( Appointment , Promotion and Transfer ) Rules , 1973