ORDER
SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Constt:
Petition No.D- 651
of 2013
DATE ORDER WITH SIGNATURE OF
HON’BLE JUDGE
1-
For orders on CMA.No.2159 of 2013
(Ex.A)
2-
For Katcha
Peshi.
3-
For hearing of CMA.No.2160/2013
(Stay)
28th.
March, 2016.
Mr. Talib
Ali Memon, Advocate for Petitioners.
Mr.
Liaquat Ali Shar, Addl: A.G.
At
the very outset learned Addl: A.G has raised
objection with regard to maintainability of instant petition, as the
petitioners have sought correction of their date of birth in service record.
While
confronted as to maintainability of instant petition, in view of recent
decision of this Court as well as Hon’ble Supreme
Court, wherein it has been categorically stated that the forum for seeking
correction of date of birth in respect of a civil servant / public servant is
the concerned department or to file suit for declaration, whereas, the
limitation is two years from joining the service, the learned Counsel for the
petitioners could not dispute such legal position nor could satisfactorily
responded to such query of this Court. However, it has been submitted that
instant petition may be disposed of by allowing the petitioners to approach the
concerned authority and the Court for seeking redressal
of their grievance in accordance with law.
Accordingly,
instant petition stands dismissed along with listed applications. However, the
petitioners may be at liberty to seek any other remedy as may be available to
them in accordance with law.
JUDGE
JUDGE
A.R.BROHI