1999 P L C (CS) 738

[Federal Service Tribunal]

Present: Abdul Razzaq A. Thahim, Chairman And Muhammad Raza Khan, Member

ASHFAQ AHMED MEER

Versus

SECRETARY, POPULATION WELFARE DIVISION ISLAMABAD and 2 others

Appeal No. 128(K) of 1996, decided on 12th April, 1997.

Civil service---

----Resignation---Withdrawal of---Civil servant who met with an accident and proceeded on
leave, tendered his resignation which was not accepted by Authority immediately---Civil servant
vide his application requested for withdrawal of his resignation but after considerable long
period civil servant was informed that his request for withdrawal of resignation had not been
acceded to---Civil servant had contended that his resignation was not voluntary---In spite of
lapse of almost a year, resignation tendered by civil servant having not been accepted by
Authority, civil servant was at liberty to recall his resignation before its acceptance---As civil
servant's resignation was not voluntary, but due to his ill-health and on his recovery he having
withdrawn his resignation before its acceptance by Competent Authority, civil servant was liable
to be re-instated in his service.

Appellant in person.

Niaz Ahmed Khan, Standing Counsel for Respondents.

Date of hearing: 12th April 1997.

JUDGMENT

ABDUL RAZZAQ A. THAHIM (CHAIRMAN).--- The appellant was working as LDC in the
National Research Institute of Fertility Control, Karachi. He met with an accident and proceeded
on leave. On 7th May, 1995, he tendered his resignation through application addressed to the
Director, which was not accepted immediately. He requested for withdrawal of his resignation
vide application dated 7-3-1996, followed by another application dated 15-6-1996 addressed to
the Joint Secretary, Ministry of Population Welfare, Islamabad but without any response.
However, all of a sudden, vide office memorandum dated 23-6-1996 issued by the Ministry of
Population Welfare, he was informed that his request for withdrawal of resignation had not been
acceded to. The appellant argues that the resignation was not voluntary as he was informed that
due to long absence, they will not be able to fill up the vacancy of LDC, therefore, he tendered
his resignation. The contents of the resignation application read as under:

"Respected Madam,

In continuation of my applications dated 16-3-1995 and 15th April 1995 still pending with you
non reply.

It appears that it is not possible to allow my post of LDC as vacant unattended any longer.

So I am, therefore, reluctantly obliged to tender my resignation, which may kindly be accepted."

In spite of lapse of almost a year, the resignation tendered by the appellant was not accepted. The
appellant then submitted an application on 7-3-1996 for withdrawal of resignation, and, by that
time, the same was not accepted. Therefore, the appellant was at liberty to recall his resignation
before its acceptance. On this, we refer to Sl. No. 19 at page 396 of ESTACODE, 1989 edition,
and the same is reproduced hereunder for the sake of convenience:

"Withdrawal of resignation by Government servants.- The question whether resignation once
tendered by a Government servant before completion of 25 years qualifying service may be
allowed to be withdrawn before or after its acceptance by the competent authority, has been
under consideration in the Establishment Division.

2. The following decisions have been taken in consultation with the Ministry of Finance:

(i) 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."

From the aforesaid provision of rules, it is clear that the resignation tendered by a Government
servant before its acceptance could be withdrawn, and to this proposition the learned Standing
counsel has no objection if the appeal is accepted. We also feel that it is a hard case and the
appellant had not tendered his resignation voluntarily but due to ill-health and on its recovery, he
withdrew his resignation before its acceptance by the competent authority. We, therefore, accept
the appeal and reinstate the appellant into service and the intervening period shall be treated as
leave due.

H.B.T./198/ST.F. Appeal accepted.