Law:

Section:

(a) Constitution of Pakistan (1973)-------Arts. 185(3) & 199---Constitutional petition before High Court under Art. 199 of the Constitution---Salaries of employees, withholding of---High Court, in exercise of Constitutional jurisdiction, directed the Authorities .to pay the salaries of the employees--Contention by the Authroities was that the appointments of employees was illegal and made in violation of relevant recruitment rules---Validity---Salaries could not be withheld on such ground---Action should have been initiated against those who were sitting at the helm of affairs for such irregularities---Employees could not be held responsible for the same---Where substantial justice had been done, the same could not be disturbed on mere technicalities---Direction to withhold the salaries of the employees suffered from inherent vice, same was void ab initio and could not be given effect to---Leave to appeal was refused. (b) Administration of justice--- ---- Legal formalities---Scope---Principal object behind all such formalities is to safeguard the paramount interest of justice---Legal precepts are devised with a view to impart certainty, consistency and uniformity to, the administration of justice and to secure same against arbitrariness, errors of individual and mala fides. 2000 SCMR 556 ref. Mazhar Ali B. Chohan, Advocate Supreme Court and Ahmedullah Faruqui, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 10th July, 2000 ORDER JAVED IQBAL, J.---This civil petition for leave to appeal is directed against order dated 10-3-2000 passed by learned Division Bench of High Court of Sindh, Circuit Court, Larkana, with the direction that payment of salaries be made to the petitioners w.e.f. 1-7-1998 till the date of termination of their services which were terminated on the pretext that their employment was not lawful. 2. Heard Mr. Mazhar Ali B. Chohan, Advocate Supreme Court who mainly contended that the High Court had absolutely no jurisdiction to entertain the petition to determine the question of their salary being related to the terms and…

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