1988 PLP (C (PLC(CS))

Writ Petition No.564 of 1987, decided on 16th December, 1987.

Resignation of Government employee, acceptance of--Exercise of constitutional jurisdiction--Resignation submitted by employee was not accepted by Government due to his failure to refund certain amount drawn by him on account of rest and recreation--High Court ordered such employee to deposit disputed amount and directed Government to accept his resignation and issue clearance certificate to him subject to refund of disputed amount. Muhammad Awais Shahid for Petitioner.

1. The relief prayed for in this constitution petition is that the respondents be directed to dispose of the case of the petitioner either way i.e. to accept the resignation of the petitioner or to permit him to join the duty. Khalid Ahmad, Executive Engineer is present with record. He states that the Government was willing and prepared to accept the resignation in the year 1978 absence for about an hour from duty while in fact respondent No.2 was offended for the petitioner having been appointed as office-bearer of the Union with which respondent No. 2 was displeased.

2. That on an enquiry held by the department on the said allegation, the petitioner was reinstated as regular Silt Observer. But since the respondent No. 2 was inimical towards the petitioner and kept him under constant mental agony hence the petitioner had submitted his resignation on 2-12-1978 and had forfeited one month's salary in lieu of 24 hours notice for resignation.

3. That since then the petitioner has been requesting the respondents through Annexures 'A' to 'C' either to accept the resignation of the petitioner and pay the dues admissible to the petitioner for the service rendered by him or in the alternative to take him back in service. But the respondents are not disposing of the case of the petitioner either way despite the expiry of a period of about 9 years. When the same was submitted but in view of the instructions of the Government contained in Memo. No.FD.SR-III 13-69/67, dated 1st June, 1977, the resignation could not be accepted unless Rs.193 drawn on account of rest and recreation allowance have been refunded. He adds that the petitioner was repeatedly informed of the afore stated position with the request to deposit the amount and in response the petitioner, on 21-1-1982 undertook in writing to deposit the said amount with the prayer that on deposit being made, he be issued clearance certificate. Despite this undertaking, the amount of Rs.193 was not refunded. He adds that the resignation will be accepted and clearance certificate will be issued as soon as the amount of Rs.193 is refunded. The petitioner is prepared to deposit Rs.193 with the Government. Let the deposit be made. Thereafter, the respondent/Government will accept the A resignation and issue clearance certificate. The alternate prayer made in the petition thus stands fructified. The petition is disposed of accordingly. H.B.T./A-226/L Order accordingly.