Case Details

Citation(s)
2017 SLG 918 2017 SLD 918 2017 PLJ 86
Islamabad High Court
I.C.A. No. 519 of 2015, decided on 26.4.2016. Date of hearing: 26.04.2016
AAMER FAROOQ, JUSTICE, MIANGUL HASSAN AURANGZEB, JUSTICE
Mr. Shoaib Shaheen, learned ASC for Appellant Mr. Tajjammal Hussain, Advocate for
Respondents.

ASJAD ASAD WASI--Appellant

VS

FEDERATION OF PAKISTAN THROUGH ITS SECRETARY, M///O RAILWAY & another --RespondentS

Law:

Section:

Resignation-- ----Appointment on contract basis--Services were not regularized--Tendered resignation in protest--Resignation had been accepted prior to withdrawal of resignation--Validity--Appellant had voluntarily resigned from service and his resignation was accepted by competent authority--It is well settled that when a public servant submits a letter of resignation, his service/employment stands terminated from date on which letter of resignation is accepted by competent authority and, in absence of any law or statutory rule governing conditions of his service, to contrary, it will not be open to public servant to withdraw his resignation after it is accepted by competent authority--Resignation must be voluntarily tendered for if it is tendered on account of duress or coercion, it would not be voluntary act of employee expressing a desire to quit service-Writ petition instituted by appellant, involved disputed questions of fact, which could not be resolved while exercising jurisdiction under Art. 199 of Constitution. PLD 2007 SC 852, 2010 SCMR 1386, 2007 SCMR 792, 2008 YLR 2132, 2010 MLD 527, PLD 2005 Quetta 145, 1990 MLD 1132, AIR 1990 SC 1808, AIR 1981 SC 789, AIR 1978 SC 694, AIR 1954 SC 584, ref. THIS ORDER PASSED BY: AAMER FAROOQ, JUSTICE:---.--- Through the instant Intra Court Appeal, the appellant, Asjad Asad Wasi, impugns the Order dated 11.11.2015, passed by the learned Single Judge-in-Chambers, whereby the appellant's Writ Petition No. 1403/2015, was dismissed. 2. The appellant's case is that he was appointed as Programmer (BPS-17) on contract basis, and posted at Pakistan Railways, Lahore. The duration of the appellant's contract period was extended from time to time. As the services of the appellant were not regularized, he filed the Writ Petition No. 2082/2006, which was allowed, vide Order dated 31.12.2012. A Petition before the Hon'ble Supreme Court of Pakistan was filed against the said order dated 31.12.2012, but the same was subsequently withdrawn. As the services of the appellant were not regularized, he filed Contempt Petition No. 376/2013 before this Court. While Writ Petition No. 2082/2006 was pending adjudication, the appellant…
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