Full Judgment Text & Judicial Ruling

2003 P L C (C

2003 P L C (C.S.) 1535

[Federal Service Tribunal]

Before: Amanullah Abbasi, Chairman and Muhammad Iqbal Khan, Member

Prof. MUHAMMAD ALI SHAIKH

Versus

SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD and others

Appeal No.36(K)CS of 2001, decided on 26th March, 2003.

Civil Service------

‑‑‑‑Resignation‑‑‑Withdrawal of resignation‑‑‑Civil servant had submitted his resignation from service, but while case of resignation was under process, he had submitted an application for withdrawal of the same two days after submission‑of his resignation which was duly received in the Department‑‑ Resignation of civil servant was accepted by Authority after about one month from submission of application for withdrawal of resignation‑‑‑ESTACODE, Edition (1989) clearly mentioned that in case civil servant would withdraw his resignation before the same was accepted by Competent Authority, resignation would be deemed to have been withdrawn‑‑‑Order whereby resignation of civil servant was accepted by Authority, was not justified and same was set aside‑‑‑Civil servant would be deemed to have continued in service from the date he had) submitted his resignation.

Muhammad Nawaz Shaikh for Appellant.

Niaz Ahmed Khan, Standing Counsel alongwith Shabbir Ahmed, Acting Principal and Shah Muhammad, Admin. Officer, Sindh Madarasat‑ul- Islam, Karachi, Departmental Representatives.

JUDGMENT

AMANULLAH ABBASI (CHAIRMAN).‑‑‑Learned Advocates for both the parties have been heard. It is admitted in the parawise objections that the appellant had submitted resignation from service on 20‑9‑2000 and while the case of resignation was under process, the appellant had submitted an application for withdrawal of his resignation on 23‑9‑2000 which was received in the Ministry of Education on 25‑9‑2000. The impugned order is dated 19‑10‑2000 whereby, the resignation was accepted effective from 22‑9‑2000. The question for consideration is that the appellant had withdrawn his‑ resignation after two days and he has supported his arguments by referring to Serial No.19 of Esta code, Edition 1989 at page 396 which is as under:‑‑

"Withdrawal of Resignation Before Acceptance:‑‑In case Government servant withdraws resignation before it .is accepted by the Competent Authority, the resignation should be deemed to have been withdrawn. "

It is clearly mentioned that in case` the Government servant withdraws resignation before its acceptance by the Competent Authority, the resignation should be deemed to have been withdrawn. In view of this legal position the impugned order dated 19-10‑2000 is not justified. We therefore, accept the appeal, set aside the impugned order dated 19‑10‑2000 and the appellant will be deemed to have continued as Principal, Sindh Madarasat‑ul‑Islam, Karachi from the date he tendered his resignation i.e. 20‑9‑2000. It is left open for respondents to decide arrears of the pay and other benefits of appellant in accordance with law for the period between the passing of impugned order and reinstatement.

2. Announced in the open Court.

H.B.T./209/FST Appeal accepted.

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