Full Judgment Text & Judicial Ruling

1991 P L C (C

1991 P L C (C.S.) 233

[Lahore High Court]

Before Irshad Hasan Khan, J

AMINA NAZLI

Versus

GOVERNMENT OF THE PUNJAB and others

Writ Petition No. 5760 of 1990, decided on 16th October, 1990.

Constitution of Pakistan (1973)--

----Art. 199---Civil service---Resignation---Petitioner holding post of Lecturer in subject of Child Development in College of Home Economics, tendered her resignation on 13-1-1988 and before its acceptance or any communication made therein by competent Authority, she made an application on 13-2-1989 for its withdrawal---Government not communicating any decision either on resignation or on withdrawal of resignation on which petitioner agitated matter through Constitutional petition---Petitioner after tendering her resignation on 13-1-1989 never reported for duty and the Principal consequently made internal adjustment and appointed some other Lecturer against post previously held by petitioner--- Allowing petitioner--net to withdraw her resignation at that stage, held, would not only disturb existing internal adjustment made by Principal of College but would also have bad effect of giving two appointments simultaneously to petitioner i.e. one in Government Girls College, Sargodha where she had obtained another job and the other in Home Economics College which course was neither justified nor was it aid to justice---Faced with such a situation petitioner prayed that she might be a4o.wed to continue to hold post in Government Girls College at Sargodha and that she would not press for withdrawal of resignation---Government having no objection, orders passed accordingly: --[Civil service].

Muhammad Awais Shahid for Petitioner.

Maqbul Elahi Malik, A.-G. (under Court's call).

Rana Muhammad Arshad, Addl. A.-G. with Abdul Samad Hashmi for Respondents.

ORDER

The petitioner was holding the post of a Lecturer in the subject of Child Development in the College of Home Economics, Gulberg, Lahore. She tendered her resignation on 13-1-1988 and before its acceptance or any communication made thereon by the competent authority, she made an application on 13-2-1989 for withdrawal of the resignation. The respondent has not communicated any decision either on the resignation or on withdrawal of resignation. Consequently,, the present writ petition has been filed.

The difficulty in this case is that after tendering her resignation on 13-1-1988, the petitioner admittedly never reported for duty in Home Economics College, Lahore. Consequently, the Principal of Home Economic College through internal adjustment appointed some other lecturer against the post previously held by the petitioner. In case the petitioner is allowed to withdraw her resignation, at this stage, this will not only disturb the existing internal adjustment made by the Principal of the College but would also have the effect of giving two appointments simultaneously to the petitioner, that is to say, one in the Government Girls College, Sargodha and the other in the Home Economics College, Lahore. Such a course is neither justified nor it would be in the aid of justice. When faced with this, learned counsel for the petitioner prayed that he may be allowed to continue to hold the post in Government Girls College, Sargodha and he would not press for withdrawal of the resignation.

2. On instructions from Assistant Director, DPI, College, Rana Muhammad Arshad, learned Addl. Advocate-General, appearing on behalf of respondents has no objection to the course suggested by the learned counsel for the petitioner. Order accordingly. With these observations the writ petition is disposed of.

M.Y.H./A-1105/L??????????????????????????????????????????????????????????????????????????????? Petition disposed of.

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