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Petitioner: MIR BAZ KHAN VS Respondent: GOVERNMENT OF N.-W. F. P
1999 P L C (C
1999 P L C (C.S.) 1070
[Peshawar High Court]
Before Jawaid Nawaz Khan Gandapur and Abdur Rauf Khan Lugmani, JJ
MIR BAZ KHAN
versus
GOVERNMENT OF N.‑W.F.P. through Secretary (Education) and 9 others
Writ Petition No.26 of 1998, decided on 14th October, 1998.
North‑West Frontier Province Civil Servants Act (XVIII of 1973)‑‑‑
‑‑‑‑S. 17‑‑‑Constitution of Pakistan (1973), Arts. 199 & 212‑‑‑Constitutional petition‑‑‑Payment of salary‑‑‑Withholding of salary of civil servant‑‑‑Terms and conditions of service‑‑‑Matter of withholding of salary of petitioner, being a question of fact and relating to the terms and conditions of service and for which adequate forum/remedy was available with Service Tribunal, Constitutional petition under Art. 199 of the Constitution was dismissed in limine.
Gauhar Zaman Khan Kundi for Petitioner.
ORDER
ABDUR RAUF KHAN LUGHMANI, J.‑‑‑By this writ petition under Article 199 of the Constitution, the petitioner has called in question the validity of withholding of his pay for the last three years and seeks direction to respondents Nos.3, 6, 8 and 9 to release his pay of the said period.
2. Facts of the case need not be narrated in detail, for the main grievance of the petitioner is that the respondents are reluctant to pay him his due pay for the period complained of in spite of his having rendered service. But the respondents in their comments have categorically stated that he was absent from duty during the period in question, therefore, he is not entitled to get the pay. Whatever the correct position of the case may be, since the petitioner has alleged the question of fact which cannot be determined in this writ petition. Section 17 of‑the N.‑W.F.P. Civil Servants Act, 1973 states that a Civil Servant appointed to a post shall be entitled, in accordance with the rules to the pay sanctioned for such post. The pay, therefore, comes within the terms and conditions of service for which the adequate forum/remedy has been provided and he can approach the N.‑W.F.P. Services Tribunal for the redress of his grievance.
3. Resultantly, the writ petition is without any substance and is dismissed in limine.
Q.M.H./M.A.K./301/P Petition dismissed.