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 Governor of N.-W.F.P. As Comptroller, Governor's House, on regular basis with effect from 15-5-1988, under section 5 of the N.-W.F.P. Civil Servants Act, 1973 read with Item No.7 of Schedule IV of Rules of Business 1985, under which the Governor had discretionary powers of appointing officers of his own House Staff, since notification appointing the said respondent had not been issued by the N.-W.F.P. Government, the Governor's order did not take effect and the respondent's services were rightly terminated by giving him notice to show cause why his services should not be terminated under his earlier contract on 15 days' notice.
3. It is not disputed that the Governor had discretionary powers to appoint the respondent as the Comptroller, Governor's House, under Item No.7 of Schedule IV of Rules of Business, 1985. The said order of the Governor is a formal order couched in formal language. The N: W.F.P. Government cannot defeat the said order by refraining from issuing the necessary notification to honour it. We would not like to act in aid of injustice either. The N.-W.F.P. Government should honour the Governor's order by issuing the notification, as directed by the Service Tribunal. There being no merit in this petition, the same is dismissed.