1. FAKHRUDDIN G. EBRAHIM, J.--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.
2. 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.
3. 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.
4. 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.