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1989 SCMR 1296

M. M. SHAMUNE vs GOVERNMENT OF PAKISTAN, DIRECTORGENERAL, POSTS

Citation1989 SCMR 1296
CourtSupreme Court of Pakistan
Case No.Civil Petition No,965 of 1983
Date1989-02-26
Judge(s)Ghulam Mujaddid Mirza, Saad Saood Jan
ResultPetition dismissed

ORDER

' SAAD SAOOD JAN, J.--This is a petition for special leave to appeal from the judgment, dated 30-5- 1983 of the Lahore High Court whereby the Constitution petition of the petitioner was dismissed.

2. The petitioner was serving as a clerk in the Saving Cell of the Lahore General Post Office. By an order, dated 6-10-1959, he was transferred to the Office of the Superintendent of Post Offices in the Lyallpur Division. He was relieved of his duties on 6-10-1959. Instead of complying with the order of transfer, he started applying for leave on medical grounds. The medical certificates submitted by him were issued by doctors in private practice. On a number of occasions he was asked to appear for medical examination before Medical Superintendent of the Post and Telegraph Dispensary but he failed to do so. Consequently, disciplinary proceedings were taken against him and as a result thereof he was declared as deserter and dismissed from service with effect from 10-10-1960 which was described to be the date of his desertion from duty. He filed an appeal which was dismissed on 27-8-1962 by the Deputy Post Master-General, Northern Circle.

3. It appears that on 6-10-1959 the petitioner submitted a conditional resignation from service which was rejected on the ground that conditional resignation could not be entertained. He then submitted a revised resignation on 2-6-1961 but this too was not accepted. He filed an appeal before the Provincial Service Tribunal but this was rejected on 7-4-1977 on the ground that the Tribunal had no jurisdiction to entertain an appeal in a matter where the order impugned had been passed prior to 1-7-1969. He then filed a Constitution petition in the High Court. It was dismissed in limine.

4. From the order of the High Court, it appears that the contentions of the petitioner were that even though he had submitted his resignation, he had not been informed Whether it had been accepted and that he had been deprived of his pensionary rights. These contentions were clearly misconceived, for, the petitioner had been after disciplinary proceedings dismissed from service for unauthorised absence from duty. He was aware of the order of dismissal as he had filed an appeal against that order which too was dismissed. This petition is without any merit and is hereby dismissed.

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