Law: Civil Service Regulations (CSR)

Section: 361,418(b),420

Law: General Clauses Act, 1897

Section: 20,21

(a) Civil Service Regulations--- ----Arts. 361, 418(b) & 420---Resignation---Re-employment---Interruption in service---Pensionary benefits---Determination of---Procedure---Petitioner employee resigned from service and thereafter was re-employed in the same department---Department forfeited past service of employee for the purpose of pensionary benefits---Validity---Petitioner employee after serving eleven years ten months and four days resigned from service which resignation was accepted by the competent authority and she was discharged from service---When a civil servant submitted resignation his service stood terminated from the date on which the same was accepted by the competent authority---Employee remained out of service for four years seven months and fifteen days after her resignation from service---Said period of interruption in service could not be counted for pensionary benefits---Department had rightly declined the claim of employee---Constitutional petition was dismissed in circumstances. Ikram Elahi Sheikh v. Director General, National Institute of Science and others 2006 SCMR 1986 = 2006 PLC (C.S.) 1126; Inayatullah Khan v. Secretary Food and others 2006 YLR 656; Adreshir Cowasjee Karachi v. Messrs Multiline Associate Karachi PLD 1993 Kar. 237; Manzoor Hussain Khan v. Lahore and others 1992 SCMR 441; Additional Accountant General v. M.M. Malik 2012 PLC (C.S.) 1370; Chairman Selection Committee and others v. Wasif Zamir Ahmed and another 1997 SCMR 15; Akhtar Hussain v. The Superintendent of Police 1981 CLC 423; Rakhshinda Habib v. Federation of Pakistan 2014 PLC (C.S.) 247; Secretary Government of Punjab and others v. M. Ismail Tayer and 269 others 2015 PLC (C.S.) 296; Pakistan Telecommunication Employees Trust through M.D. Islamabad and others v. Muhammad Arif and others 2015 SCMR 1472 and Mian Tariq Javed v. Province of Punjab 2008 SCMR 598 ref. (b) Civil service--- ----Resignation---Effect---When civil servant submitted resignation his service stood terminated from the date on which resignation was accepted by the competent authority. (c) Civil service--- ----'Resignation'---Meaning---Resignation is characteristically the voluntary…

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