1984 PLP (C (PLC(CS))

Appellant in person. A. G. Humayun, District Attorney for Respondents. Asad Ullah Khan, Ex‑Store Keeper, had made this appeal to the Punjab Service Tribunal, Lahore wherein he has impleaded the Chief Engineer, Irrigation Research Institute, Lahore and the Secretary, Irrigation and Power, Lahore as respondents.

2. By virtue of this appeal, the appellant has prayed that the order dated 5th April, 1982 i. e. acceptance of the resignation tendered w. e. f. 29th May, 1976 be set aside. He has further prayed that be be re‑instated in service with back benefits.

3. Brief facts of the case are that Mr. Asad Ullah Khan, the appel lant was working as Store Keeper in Irrigation Research Institute, Lahore. He was granted leave from 20th February, 1975 to 23rd May, 1976. He resumed duty on 24th May, 1976. He resigned vide his application dated 29th May, 1976, addressed to the Chief Engineer, Irrigation Research Institute, Lahore, as he was not able to perform the duties in a satisfactory manner due to his family circumstances. After resigning, he left the job. He was directed to resume the duties vide Chief Engineer, Irrigation Research Institute, Lahore letter dated 5th July, 1976, as Government dues amounting to Rs. 10,399/39 on account of shortage of stores at Lahore and Nandipur were outstanding against him. On this, the appellant submitted vide his letter dated 11th July, 1976 that he had resigned after careful thought and there should be no objection by the Chief Engineer, Irrigation Research Institute in accepting his resignation. Further, the record shows that there was lot of correspondence on this issue. The department had been providing chances and opportunities to the appellant to join duty but he did not do so. Later on the appellant had shown his willingness to join duty but his requests were not acceded to by the department on 14th February, 1981, the appellant made a request for withdrawal of his resignation tendered with effect from 29th May, 1976. Finally vide impugned Order No. 126‑E/840‑43, dated 5th April, 1982, of Chief Engineer, Irriga tion Research Institute, Lahore, the resignation of the appellant was accepted from 28th May, 1976, the date from which the appellant was reported to be continuously absent from duty. The appellant made an appeal to the Secretary, Irrigation and Power, Lahore vide his application dated 3rd July, 1982 which is still pending. Hence this appeal.

4. I have heard the parties. The appellant has argued his case him self. It has been submitted by him that he bad resigned on 29th May, 1976, which was withdrawn by him on 14th February, 1981, before it was accepted by the Chief Engineer, Irrigation Research Institute, Lahore vide his impugned order dated 5th April, 1982, hence his resignation be consi dered as withdrawn as he had withdrawn the same before it was accepted by the competent authority. He has also pointed out that the law is well -settled on the issue, that if the resignation is withdrawn by an employee before it is accepted by the competent authority, he cannot be refused to be taken on duty. Thus, he is very much in service after withdrawal of his resignation on 14th February, 1981.

5. On the other hand, it has been submitted by the learned District Attorney that the appellant has filed this appeal to this Tribunal when his appeal is still pending before the Secretary, Irrigation and Power, Govern ment of the Punjab, Lahore. The appellant should first get a final order of departmental authority and then only be could come to this Tribunal, if desired so. The learned District Attorney has made reliance on the Judgment of the Supreme Court of Pakistan, in case S. H. M. Rizvi and I others v. Maqsood Ahmad and 6 others (P L D 1981 S C 612).

6. I have given my anxious thought to the arguments of the parties and I agree with the learned District Attorney that the appellant should first exhaust the departmental remedy to get the final order as per law settled by the Supreme Court of Pakistan, mentioned in para. 5 above.

7. The upshot of the above discussion is that the Secretary to Govern ment of the Punjab, Irrigation and Power Department, Lahore is directed to decide the appeal of the appellant dated 3rd July, 1982 which is still pending before him, within a period of two months from the date of issue of this judgment. There will be no order as to costs. M. Y. M. Order accordingly.