3893/2016 Const. P. Shabana Haider (Petitioner) V/S Fed of Pakistan & Others (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Zulfiqar Ahmad Khan
3893/2016 Const. P. Shabana Haider (Petitioner) V/S Fed of Pakistan & Others (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Zulfiqar Ahmad Khan Order Date: 21-NOV-19
The right of withdrawal of the resignation was available as long as the resignation was not accepted. This gained strength when sub-clause (v) is read along with this proposition. It provides that in case an employee withdraws the resignation before its acceptance, the resignation shall be deemed to have been withdrawn. This is not the case here. The resignation was accepted on 08.02.2016 whereas the request for withdrawal of the resignation was made on 26.02.2016, on the imaginary ground that 30 days' notice period was yet to expire. In this context we may observe that notice period has nothing to do with the acceptance of resignation. On acceptance of resignation all that is essential for an employee is to complete the notice period i.e. to serve the Commission in case the employee had opted to give one month notice. The employee could have opted to pay salary in lieu thereof but that is not the case here.