ABDUL LATIF versus SECRETARY C&W DEPARTMENT KHYBER PAKHTUNKHWA, PESHAWAR
Article 199 Constitutional application was made by the authorized authority to withhold the salaries of the unlawful appointees and they joined in their duties despite the fact that the applicants were working but their salaries were objected to by the Establishment Certificate ( NOC) was not issued for non-issuance. The applicants' department reasoning was that they were not guilty of any wrongdoing and because they were performing their duties, they were entitled to salaries, there was no illegality in the appointment of the applicants. If any kind of irregularity was charged and the issuance of illegal NOC cannot be construed as a hindrance by the relevant authorities, the appointment of an employee, if in any case against the prescribed procedure. If made, it will not put a burden on it; rather, the appointing authority will commit misconduct by making irregular appointments. A mesh of constitutional applicants directed to release the year to the departmental authorities was allowed
Related judgments — Peshawar High Court NWFP, 2014
