1. AMANULLAH ABBASI (CHAIRMAN).---Learned Advocates for both the parties have been heard. It is admitted in the parawise objections that the appellant had submitted resignation from service on 20-9-2000 and while the case of resignation was under process, the appellant had submitted an application for withdrawal of his resignation on 23-9-2000 which was received in the Ministry of Education on 25-9-2000. The impugned order is dated 19-10-2000 whereby the resigantion was accepted effective from 22-9-2000. The question for consideration is that the appellant had withdrawn his resignation after two days and he has supported his arguments by referring to Serial No,19 of Estacode, Edition 1989 at page 396 which is as under:-- "Withdrawal of Resignation Before Acceptance:--In case Government servant withdraws resignation before it is accepted by the Competent Authority, the resignation should be deemed to have been withdrawn."
2. It is clearly mentioned that in case the Government servant withdraws resignation before its acceptance by the Competent Authority, the resignation should be deemed to have been withdrawn. In view of this legal position the impugned order dated 19-10-2000 is not justified. We, therefore, accept the appeal, set aside the impugned order dated 19-10-2000 and the appellant will be deemed to have continued as Principal, Sindh Madarasat-ul-Islam, Karachi from the date he tendered his resignation i,e, 20-9-2000. It is left open for respondents to decide arrears of the pay and other benefits of appellant in accordance with law for the period between the passing of impugned order and reinstatement.
3. 2 Announced in the open Court.