1989 PLP (C (PLC(CS))

Petitioner who at the relevant time was an Upper Division Clerk in the respondent-University was charge-sheeted and suspended on 8-12-1985 and some inquiry was also instituted against him. He, therefore, approached this Court praying that "the act of the respondents in holding the inquiry on the basis of charge-sheet dated 8-7-1985 which has already been probed into and the petitioner exonerated and the continuation of the petitioner under suspension for an indefinite period, be declared as being without lawful authority, illegal, void. and of no legal effect and without jurisdiction." It was further prayed that transfer of the petitioner from Islamabad to Quetta be also declared as unlawful and without jurisdiction and that "a direction be issued to the respondents to take the petitioner on duty and he be allowed to perform his official functions".

2. It appears that during the pendency of the writ petition, petitioner made an application (C.M. 126 of 1986) stating therein that he wanted to resign from his post on the conditions that the respondent cancelled the impugned order of his suspension, paid the salaries to him from 13-6-1985 upto date as also the other earned benefits. Respondent submitted a reply to this application dated 5-3-1986 stating therein "the respondent University is prepared to accept the resignation of the petitioner and to cancel impugned suspension order, making payment of the salaries to the petitioner excluding subsistence allowance already drawn by him and also agree to pay all benefits admissible to the petitioner from the date of his appointment".

3. Learned counsel appearing for the University states that the petitioner has since submitted his resignation, which has been accepted. He has produced photo copy of the office order dated 7-3-1987 which has been placed on the record. It shows that the Vice-Chancellor had accepted the resignation of the petitioner dated 5-10-1986 with immediate effect on the following terms and conditions: - "(1) His suspension order issued vide office order No. F.2-6/85-Admn. dated 13-6-1985 and subsequent extension made in the suspension period from time to time shall be withdrawn. (2) He will be paid salary upto the period he performed duty at the Regional Office, Quetta which was his place of posting i.e. 30-8-1985. (3) The intervening period shall be treated as E.O.L. (without pay and allowances). (4) He will be paid Gratuity and G. P. Fund as per rules."

4. Learned counsel for the petitioner submits that he has no contact with his client and, therefore, he does not know as to whether the dues, in fact, have been paid to him or not. The fact that the petitioner has resigned and his resignation has been accepted on the terms and conditions aforestated is not denied. That being so, the writ petition has become infructuous and is disposed of accordingly. It is, however, observed that if the dues mentioned in the office order aforementioned have not been paid to the petitioner, he can approach the University authorities for payment thereof and in the event of default, he can again approach this Court. With these observations, writ petition stands disposed of in limine. AA./R-112/L Order accordingly.