Rao ZAHID TASAWAR and another vs SECRETARY M/O INTERIOR and others
This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, directed against an order regarding the service rights of a civil servant, Rao Zahid Tasawar. The core legal questions involve whether an employee is entitled to back benefits up to the date of resignation after a dismissal order is set aside, whether a civil servant may remain absent after submitting a resignation, the legal effect of a resignation prior to its acceptance by the competent authority, and whether a service tribunal possesses the competence to accept a resignation that falls within the domain of the competent authority. The Court granted leave to appeal to examine these questions concerning civil service law, resignation procedures, and the jurisdiction of service tribunals.
- Whether after the setting aside of dismissal order, Rao Zahid Tasawar was entitled to back benefits upto the date of resignation?
- Whether after submission of resignation a civil servant is entitled to remain absent?
- Whether the resignation has any effect until it is accepted by the competent authority?
- Whether the learned Tribunal, as such, can accept the resignation of an official which otherwise is the competence of the competent authority?
ORDER
' SARDAR. MUHAMMAD RAZA KHAN, J.---Leave to appeal is granted to consider:--
(a) Whether after the setting aside of dismissal order, Rao Zahid Tasawar was entitled to back benefits upto the date of resignation.
(b) Whether after submission of resignation a civil servant is entitled to remain absent.
(c) Whether the resignation has any effect until it is accepted by the competent authority.
(d) Whether the learned Tribunal, as such, can accept the resignation of an official which otherwise is the competence of the competent authority.
2. To consider the above points and other related points, leave to appeal is granted.