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Civil Petition for Special Leave to Appeal No. Q/13_of 1978, decided on 25th August, 1980.

(On appeal against the order dated 8th June, 1978 of the Baluchistan Service Tribunal, Quetta).

-- S. 4-Petitioner giving option to Government either to transfer him to a specified place or in case of such being not possible to accept his resignation from service-Resignation, held, not a con ditional one, having been accepted at his own request-Subsequent employment of petitioner, in another capacity, held further, would give no occasion for treatment of his employment continuously since he first joined Government service in another post and from which he resigned.

Ahmadullah Farooqi, Advocate-on-Record for Petitioner.

Nemo for Respondents.

Date of hearing : 25th August 1980.

--This leave petition is barred by 4 days but the delay is condoned for the reasons given namely, that the file of the case was not received from the Chairman, Service Tribunal by the officer concerned until 14th June, 1978, the certified copy of the impugned order dated 5th June. 1978 was supplied to the petitioner on 27th August, 1978 and immediately thereafter the petitioner was filed.

On merits, the petitioner was, since August, 1951 employed as Village Aid Worker in the Village Aid Organisation. In 1958 he applied for two months leave which was not granted. The petitioner made another application for leave on the ground of illness of his wife. In this applica tion he stated that he should either be posted at Qila Abdullah so that he could avail medical aid for his ailing wife or else he would not be able to perform his duties and, therefore, his resignation from Service should be accepted. The petitioner's request for transfer was not granted and his resignation was accepted following which he handed over his charge. Some three years later, to be precise an 21st September, 1961 the peti tioner was directly recruited in the Basic Democracies Department and later absorbed in the Local Government Department. In the year 1969 the petitioner started making representations seeking that be should be deemed to be in service since 1951 irrespective of his resignation in 1958 and re-employment in 1961 on the ground that his resignation being con ditional was not legally valid. These representations were turned down. The petitioner then filed a service appeal before the Baluchistan Service Tribunal, constituted under the Baluchistan Service Tribunals Act, 1974 which was dismissed vide older dated 8th June, 1978 which is sought to be impugned in the present petition.

Mr. Ahmadullah Faruqi, the learned counsel for the petitioner, con tended that the petitioner's resignation was no resignation in the eye of law for it was a conditional resignation. The Tribunal rightly held that the resignation was not conditional inasmuch as the petitioner had given to the Government option, either to transfer him to Qila Abdullah where medical aid was available for the treatment of his ailing wife and if that was not possible, his resignation from service may be accepted. The resignation, therefore, was not conditional and was accepted at his own request. The petitioner was again employed afresh in 1961 and there would therefore, be no occasion to treat him in employment since 1951 when he first joined the Government Service. There is, therefore, no merit in this petition and the Leave is refused.

Petition dismissed.

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