Law:

Section:

Civil service------Stoppage of pay---Civil servant who was appointed as school teacher against leave vacancy, continued to remain in service after leave vacancy had ceased to exist---Continuation in service being contrary to Rules and Regulations of Department, his pay was directed to be stopped---Civil servant had challenged direction of stoppage of pay by filing Constitutional petition before High Court in the nature of certiorari for removal of direction without first making demand for justice from Authorities concerned---Petition filed by civil servant which otherwise was instituted prematurely was liable to be dismissed in circumstances---Constitution of Pakistan (1973), Art, 199. Abdul Rashid Qureshi for Petitioner. ORDER Petitioner claims to be an employee in the Education Department as PTC teacher after his induction into service as such under the order dated 11-2-1990 of the then Deputy District Education Officer (M), Tehsil Phalia According to the petitioner, he was posted, on administrative grounds, in his own pay and grade, at Government Middle School, Sandanwala Markaz, Pahrianwali Tehsil Phalia vice one Walayat Hussain PTC, on 31-10-1990. His grievance is that on the subject of "Stoppage of pay", the respondent-Deputy District Education Officer. Tehsil Phalia at Mandi Baha-ud-Din has issued a Memo. No. 2002/E.I, dated 18-3-1993 to among others, the Assistant Education Officer, Markaz Phalia, which reads as under:-- "It has been brought to the notice of the undersigned that the following teachers were appointed against leave vacancies in your Markaz and they are still working which is against (of) rules and regulations of the Department. You are therefore requested to direct their concerned Drawing & Disbursing Officers to stop their pay and compliance report in this respect alongwith their complete particulars may please be supplied to this office up to 21-3-1993 positively without any delay, so that action under rules can be taken against them. It may be treated Top-Priority S.No. Name of Teacher and school. (1) .................... (2) Mr. Ijaz Ahmad s/o Muhammad Din P/S Dandka. (3 - 8)…

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