JUDICIAL PRECEDENTS REGARDING CHANGE OF DATE OF BIRTH

1. Sardar Muhammad Latif Khan & others v. CH. Muhammad Latif & others [1999
PLC (CS) 69]
The matter pertaining to determination of age for the purpose of retirement of a civil
servant is one of the terms & conditions of service, therefore, jurisdiction of High Court
is totally ousted.

2. Azad Government & another v. Abdul Kabir Qureshi & others [1995 PLC (CS) 46]
If a matter relates to terms & conditions of service of civil servant, it is initially
cognizable by the Service Tribunal and no relief can be sought by resorting through writ
jurisdiction.

3. Iqbal Haider v. Federation of Pakistan [1998 SCMR 1494] and Alamdar Hussain v.
Inspector General of Police, Punjab and others [2003 SCMR 1105]
According to judicial consensus, a civil servant should solicit correction of his date of
birth within two years of joining service

4. Qamaruddon v. Pakistan through Secretary Establishment Division, Islamabad
[2007 SCMR 66]
The court disallowed the relief on basis of Rule 12A of Esta Code (Appointment,
Promotion and Transfer) Rules, 1973 reproduced as follows:
[12-A. Alteration in the date of birth.The date of birth once recorded at the time of
joining government service shall be final and thereafter no alteration in the date of birth
of a civil servant shall be permissible].

The apex court also observed that lately a tendency has developed whereby unwarranted
claims, attempting to show error in date of birth are asserted towards retiring age by
fabricating or manipulating documents in that behalf. Obviously such practice must be
discouraged and effectively curbed.