ADMINISTRATOR DISTRICT COUNCIL Versus GHULAB KHAN

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 conditions of their employment in view of the bar imposed under Article 212 of the Constitution of Islamic Republic of Pakistan. It is also contended that due to financial constraints it was beyond the competency of the Government to make payment of salaries which otherwise was not permissible.

3. We have not been persuaded to agree with learned counsel for the petitioner that due to financial crises the requisite amount could not be paid as it would not be a valid ground to deprive the respondents from their salaries who are low‑paid employees and their services have already been terminated. In our considered opinion their salaries cannot be withheld on the ground that their appointment was illegal being made in violation of the relevant recruitment rules and in fact action should have been initiated against those who are sitting the helm of affairs for such irregularities. The respondents cannot be held responsible in any manner whatsoever. In our view substantial justice has been done vide impugned order which cannot be disturbed on mere technicalities. The direction to withhold their salaries in fact suffers from inherent vice, it is void ab initio and cannot be given effect to. It is well‑settled by now that the "Principal object behind all legal formalities is to safeguard the paramount interest of justice‑‑‑Legal precepts were 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 at 561‑C).

4. In these circumstances we find absolutely no substance in this leave petition which is accordingly dismissed.

Q.M.H./M.A.K./A‑130/S ?????????????????????????????????????????????????????????????????? Petition dismissed.