1. ABDUL RAZZAQ A. THAHIM (CHAIRMAN).--- The appellant was working as LDC in the National Research Institute of Fertility Control, Karachi. He met with an accident and proceeded on leave. On 7th May, 1995, he tendered his resignation through application addressed to the Director, which was not accepted immediately. He requested for withdrawal of his resignation vide application dated 7-3-1996, followed by another application dated 15-6-1996 addressed to the Joint Secretary, Ministry of Population Welfare, Islamabad but without any response. However, all of a sudden, vide office memorandum dated 23-6-1996 issued by the Ministry of Population Welfare, he was informed that his request for withdrawal of resignation had not been acceded to. The appellant argues that the resignation was not voluntary as he was informed that due to long absence, they will not be able to fill up the vacancy of LDC, therefore, he tendered his resignation. The contents of the resignation application read as under: "Respected Madam, In continuation of my applications dated 16-3-1995 and 15th April 1995 still pending with you non reply.
2. It appears that it is not possible to allow my post of LDC as vacant unattended any longer.
3. So I am, therefore, reluctantly obliged to tender my resignation, which may kindly be accepted."
4. In spite of lapse of almost a year, the resignation tendered by the appellant was not accepted. The appellant then submitted an application on 7-3-1996 for withdrawal of restitution, and, by that time, the same was not accepted. Therefore, the appellant was at liberty to recall his resignation before its acceptance. On this, we refer to Sl. No, 19 at page 396 of ESTACODE, 1989 edition, and the same is reproduced hereunder for the sake of convenience: "Withdrawal of resignation by Government servants.- The question whether resignation once tendered by a Government servant before completion of 25 years qualifying service may be allowed to be withdrawn before or after its acceptance by the competent authority, has been under consideration in the Establishment Division.
2. The following decisions have been taken in consultation with the Ministry of Finance:
(i) 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withdraws resignation before it is accepted by the competent authority, the resignation should be deemed to have been withdrawn."
5. From the aforesaid provision of rules, it is clear that the resignation tendered by a Government servant before its acceptance could be withdrawn, and to this proposition the learned Standing counsel has no objection if the appeal is accepted. We also feel that it is a hard case and the appellant had not tendered his resignation voluntarily but due to ill-health and on its recovery, he withdrew his resignation before its acceptance by the competent authority. We, therefore, accept the appeal and reinstate the appellant into service and the intervening period shall be treated as leave due.