| Citation(s) |
|---|
| 2001 SLG 1470 2001 SLD 1470 2001 SCMR 1320 |
Supreme Court of Pakistan
Civil Petition No. 167-K of 2000, decision dated: 10-07-2000. (On appeal from the order dated 10-3-2000 of the High Court of Sindh, Circuit Court, Larkana, passed in C.P. No.D-24 of 2000)
RANA BHAGWAN DAS AND, JAVED IQBAL, JJ
Mazhar Ali B. Chohan, Advocate Supreme Court and Ahmedullah Faruqui, Advocate-on-Record for Petitioners. Nemo for
Respondents
Civil Petition No. 167-K of 2000, decision dated: 10-07-2000. (On appeal from the order dated 10-3-2000 of the High Court of Sindh, Circuit Court, Larkana, passed in C.P. No.D-24 of 2000)
RANA BHAGWAN DAS AND, JAVED IQBAL, JJ
Mazhar Ali B. Chohan, Advocate Supreme Court and Ahmedullah Faruqui, Advocate-on-Record for Petitioners. Nemo for
Respondents
ADMINISTRATOR, DISTRICT COUNCIL, LARKANA and another
VS
GHULAB KHAN and 5 others
Law:
Section:
(a) Constitution of Pakistan (1973) Arts. 185(3) & 199Constitutional petition before High Court under Art. 199 of the ConstitutionSalaries of employees, withholding ofHigh Court, in exercise of Constitutional jurisdiction, directed the Authorities to pay the salaries of the employeesContention by the Authorities was that the appointments of employees was illegal and made in violation of relevant recruitment rulesValiditySalaries could not be withheld on such groundAction should have been initiated against those who were sitting at the helm of affairs for such irregularitiesEmployees could not be held responsible for the sameWhere substantial justice had been done, the same could not be disturbed on mere technicalitiesDirection to withhold the salaries of the employees suffered from inherent vice, same was void ab initio and could not be given effect toLeave to appeal was refused. (b) Administration of justice Legal formalitiesScopePrincipal object behind all such formalities is to safeguard the paramount interest of justiceLegal 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 judgment and mala fides. 2000 SCMR 556 ref. ORDER JAVED IQBAL, J. This civil petition for leave to appeal is directed against order dated 1032000 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. 171998 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 conditions of their employment in view of the bar imposed under Article 212 of theβ¦
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