Law:

Section:

North-West Frontier Province Civil Servants Act (XVIII of 1973)--S. 5---Rules of Business, Sched. IV, Item No.7---Constitution of Pakistan (1973), Art.212(3)---Civil servant's appointment by Governor on regular basis--�Governor had discretionary powers of appointing officers of his own House Staff---Notification of civil servant's appointment was, however, not issued by the Government---Provincial Government terminated civil servant---Service Tribunal setting aside termination order directed Provincial Government to implement Governor's order---Governor's discretion to appoint civil servant as officer of his House Staff under item 7, Sched. IV, Rules of Business had not been disputed---Governor's order was -a formal order couched in formal language---Provincial Government could not defeat said order by refraining from issuing necessary notification to honour the same---Supreme Court could not act in aid of injustice---Provincial Government was directed to honour Governor's order by issuing necessary notification as directed by Service Tribunal---Leave refused in circumstances.ORDER RUSTAM S. SIDHWA J.---The Government of N.-W.F.P. and another, petitioners, seek leave to appeal against the judgment of the N.-W.F.P. Service Tribunal dated 16-10-1989 setting aside the termination order of Mian Asim Ismail respondent No.1 dated 20-10-1988 and directing the petitioner-Government to implement the Governor's order dated 25-5-1988. 2. On behalf of the petitioners it is submitted that though Mian Asim Ismail, respondent, was appointed by the…