Law:

Section:

(a) Civil service-- ---Resignation---Appellant was appointed as a Judicial Member of Income Tax Appellate Tribunal on selection by Federal Public Service Commission and was posted at Peshawar---Appellant assumed charge at Peshawar but later on gave an application to Secretary, Ministry of Law and Parliamentary Affairs (Law Division) for his posting at Lahore, else he would not be in a position to continue service on ground that he was permanent resident of Lahore, his wife was serving in a College at Lahore and that he had two infant daughters to look after--­Request of appellant for transfer was not acceded to in public interest--­Appellant again made an application for his transfer from Peshawar to Islamabad if not to Lahore with an assertion that in case he was also not transferred to Islamabad then his application might be treated as resignation from service--­Appellant was informed by Department that his request could be considered when there arose an occasion for doing so and that in case he was not inclined to continue in service, he could submit a formal resignation---Appellant tendered his application to the President of Pakistan through proper channel stating therein that his request for transfer to Lahore or to Islamabad was not acceded to and, therefore, he submitted his resignation---Appellant thereafter, made an application to Secretary Establishment in continuation of his previous application for resignation and requested that his posting in Punjab at Lahore might be considered but was again informed by Ministry of Law that his request for transfer would be considered when an occasion arose there for and that he must join duty at Peshawar it was further intimated that if he desired to resign he should do it without strings---Appellant submitted his resignation and a Summary of same was submitted to President for approval of proposal of acceptance of resignation---President approved proposal and a notification of ac number of resignation was issued---Appellant, in the meantime, applications with a prayer for transfer to Lahore in Punjab quota and alleged that he tendered resignation under pressure from Secretary, Ministry of Law and Parliamentary…

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