| Citation(s) |
|---|
| 1980 SLG 1372 1980 SLD 1372 1980 PLC 215 |
Labour Appellate Tribunal, Sindh
Writ Petition No. 1040/S of 1968, decided on 26th October, 1972.
ATAULLAH SAJJAD, J
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Writ Petition No. 1040/S of 1968, decided on 26th October, 1972.
ATAULLAH SAJJAD, J
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MUHAMMAD YAQUB SHAH
VS
SUPERINTENDENT OF POLICE, MUZAFFARGARH DISTRICT AND 2 OTHERS
Law:
Section:
Civil services--- ------Resignation, conditional-Cannot be straight way accepted without considering what it states-Police official making request for transfer for genuine domestic problems and also on health ground supported by medical certificate-Stating in application that alternatively he was ready to fore go 24 years service and same application be treated as resignation-Acceptance of resignation straightway in circumstances, set aside by High Court-Punjab Police Rules, 1934, Vol. II, Chap. 14, r. 14.11. Biryees Ragi for Petitioner. Nemo for Respondents. Dates of hearing: 25th and 26th October, 1972. JUDGMENT The petitioner was serving as a typist Head Constable of Police in District Muzaffargarh in 1965. He is a refugee from Jullundhar and his family had settled at Multan. A burglary was committed in his house in the year 1964, and valuables worth over Rs. 3,000 were stolen. His wife was also ailing and he asked for his posting in Multan District. He was posted at Multan but after one month he received the orders of his transfer he was back to District Muzaffargarh. The petitioner is present in Court and states that he did join his post in Muzaffargarh District after his representation to be posted in Multan permanently was finally rejected by the Deputy Inspector-General of Police by order dated 13th of June, 1964 (Copy Annexure `A'). 2. The petitioner states that he is an old patient of Tuberculosis and started suffering from that disease in 1958. At his request he was examined by the Medical Superintendent of Civil Hospital, Multan, on 5th of August, 1963, and was recommended light duty, for three months. 3. On 6th of August, 1965, the petitioner addressed an application (Copy Annexure D/1) to the Deputy Inspector-General of Police, Multan Range, through the Superintendent of Police, Muzaffargarh, saying that since there was no light duty in the Police, he should be granted three months leave and be posted at Multan because of his domestic circumstances. In the end he said that if unfortunately none of these requests could be acceded to, he was ready to forego his twenty-four years' service and the application without event may be considered as his…
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