1. ' NASIM FIASAN SHAH, J.-This petition for leave to appeal is directed against the judgment of the High Court of Sind at Karachi dated 28-10-78 passed in Revision Petition No, 255 of 1977.
2. ' The relevant facts are that the respondent was sent by the Government of Baluchistan on deputation to P. I. A. By their Notification dated 29-1-1975, which stated:- "Notification.-- On his relief from the post of Private Secretary to the Minister for Education, Information, Tourism and Communication and Works Department, Mr. A. D. Bugti's services are hereby placed at the disposal of the Chairman, P. I. A., Karachi, on deputation with immediate effect and until further orders."
3. ' The respondent was thereafter appointed in the personnel section in Grade No,
7. It appears that he was not satisfied with the salary allowed to him and kept on representing to the P. I. A.
4. Corporation for a higher pay group. Feeling tired of his demands, the Corporation decided: on 30- 6-1977 to release him from service. The pertinent part of the releant letter is reproduced below :- "We regret to inform you that the Management is unable to accede your request and accordingly has decided to release you from the Corporation on your return from leave. Through a copy of this letter your parent Department in the Government of Baluchistan is being so advised for action as it may deem necessary."
5. ' Copies of this letter were, Inter alia, endorsed to the Chief Secretary, Government of Baluchistan, and Secretary S. &. G. A. D., Government of Baluchistan. In the endorsement for the letter it was remarked that Mr..A. D. Bugti (respondent herein) "after the expiry of his leave on 20-7-1977 had been directed to report to you for assignment of duties." It appears that this letter was not received by the respondent as he had gone on leave. On his return from leave his services were dispensed with by letter dated 2-10-1977. The relevant part of this letter is reproduced below:- "Prior to the issuance of the charge-sheet the management had decided to revert you to your parent Department in the Government of Baluchistan and accordingly our letter No, PER/P-30430 MPS/77 dated 30th June, 1977 was issued to you, however, the letters addressed to your home address were received back undelivered. ' we are also enclosing herewith a copy of our letter No, PER P-30430/ PO (A)/77, dated 30th June, 1977 and accordingly you are released from the corporation service with immediate effect and directed to report to Secretary Services and General Administration Department Government of Baluchistan for further assignment of duties."
6. ' Feeling aggrieved by the above action, the respondent filed a suit for declaration and injunction to the effect that the orders dated 30-6-1977 and 2-10-1977 were illegal and inoperative and prayed for permanent injunction restraining the petitioners not to cause any interference to the plaintiff (respondent herein) in any manner whatsoever in P. I. A. As a Senior Personnel Officer. His main prayer clauses were as follows:- "(a) That this Hon'ble Court may be pleased to declare that the orders dated the 30th June and 2nd October, 1977, passed by the defendants are illegal, inoperative, ab initio void and of no legal consequence and as such not enforceable in law and that the plaintiff is entitled to remain in his office and he shall be deemed to continue in service of the defendants as Senior Personnel Officer with all benefits admissible to him.
(c) That the Honourable Court may be pleased to grant permanent injunction prohibiting and restraining the defendants, their agents and or any other person serving/working through or under them not to cause any interference to the plaintiff in any manner whatsoever in Corporation as Senior Personnel Officer."
7. ' The learned Civil Court No, 14, Karachi, which was seized of this matter by its order dated 29-10- 1977 granted the temporary injunction in favour of the respondent. The petitioners thereupon preferred an appeal against the order of the learned Civil Judge but the same was dismissed by the Ist Additional District Judge vide his order dated 19-11-1977. The petitioners thereafter filed a Revision Petition (No, 255 of 1977), in the High Court of Sind at Karachi. Before the learned Judge of the said Court, besides the letter referred to above, reliance was placed on a letter of respondent himself addressed to the Chief Secretary dated 29-4-1976 which clearly showed that the respondent was a confirmed officer against the post and status of Deputy Manager, Small Industries in the Government of Baluchistan, the relevant part of this letter is reproduced below:- "I beg to invite your attention to the extract of letter No, SO. II (137) and GAD-73 dated 19th April, 1976 from Mr. Abdul Qadir Jafar, S.
0. II Govt. Of Baluchistan, communicated to me under Personnel Officer, PAl's memo No, Per/P- 30430/76 dated 23rd April, 1976 on the subject noted above.
8. ' The West Pakistan Small Industries Corporation was established under West Pakistan Small Industries Corporation Ordinance, 1965 (West Pakistan Ordinance XXX of 1965), I was appointed as Small Industries Development Officer in the Corporation, and was promoted as Deputy Manager Small Industries, State Larkana in June, 1972.
9. ' After dissolution of West Pakistan Small Industries Corporation, services of its employees were placed at the disposal of the Provinces concerned on permanent basis on permanent posts and they were further given protection to be adjusted to the comparable grades vide West Pakistan Small Industries transfer rules under section 52, I am, therefore, a confirmed Officer against the post of the status of Deputy Manager Small Industries.
10. ' Lien means title of a government servant holding substantively a post to which he has been appointed substantively. A person cannot acquire a lien on any post unless he holds it permanently. As the Baluchistan Government has kept my lien in Small Industries Wing of Industries Department vide Notification No, SO. I(Ind) 1-22/72 dated 2-2-1973 which was printed in Gazette of Baluchistan on 9-2-1973.
11. ' Mr. Allah Ditta Bugti will retain his lien with the Small Industries Wing Government of Baluchistan.'
12. It is evident, that I am a permanent Officer of Industries Department. The notification under which my lien has been restored should be treated as a legal document of my confirmation."
13. ' Reference was also placed by the petitioners on two letters of the Baluchistan Government which also indicated that the respondent held a lien in the Small Industries Directorate, Government of Baluchistan. The text of both the said letters is reproduced below:- ' First Letter "No, SOI (IND) 1-50/75 Government of Baluchistan Industries, Commerce, Mineral Resources and Labour Department Dated Quetta, the 19th October, 19%.
14. To The Assistant Manager, Personnel Service, PIA, Karachi.
15. Subject: Lien of Mr. A. D. Bugti in Government of Baluchistan.
16. ' Reference your letter No, PER/P-30430/PO (A)/78 dated the 17th October, 1978, on the above-cited subject.
17. ' It is pointed out that Mr. A. D. Bugti holds his lien in the Small Industries Directorate.
(Sd) Faiz Muhammad Baluch, Section Officer, Industries Department."
18. Second Letter "No SOI(IND) 1-50/75. 6230 Government of Baluchistan Industries, Commerce, Mineral Resources and Labour Department Dated Quetta, 24th October, 1978.
19. ' To Mr. A. D. Bugti, C/o The Manager Personnel Service PIA, Head Office PIA, Karachi.
20. ' Subject:-Representation of Mr. A. D. Bugti.
21. ' Reference your Application No, Nil, dated Nil of November, 1977, on the above subject.
2. It has now been decided by the Government that you should report back to the Baluchistan Government. Your case for promotion if admissible under rules will be considered on merits on your return.
22. (Sd.) Faiz Muhammad Baluch, Section Officer, Industries Department."
23. A perusal of the above documents indicates that the respondent indisputably holds a lien in the Small Industries Directorate, Government of Baluchistan and, therefore, could not at the _ same time hold a permanent position in the P. L A. He could, therefore, be reverted back to the Baluchistan Government where he held a lien. In this connection attention is invited to the following provisions of the Fundamental and Supplementary Rules:- "F. R. 12(B).-A Government servant cannot be appointed substantively except as a temporary measure, to two or more permanent posts at the same time."
24. "F. R. 12-A.-Unless in any case it be otherwise provided in these rules, a Government servant on substantive appointment to any permanent post acquires a lien on that post and ceases to hold any lien previously acquired on any other post."
25. ' This basic aspect of the case appears to have been completely overlooked by the Courts below, 'although the documents referred to above were before them. In the face of the above documents we are unable to see how Courts below could have granted a temporary injunction in favour of the respondent to restrain the petitioner-Corporation from reverting hint to his substantive appointment in the Baluchistan Government.
26. ' Mr. S. M. Abbas, A.
0. R. For the respondent had filed a caveat and was present and has been heard at length . He had no satisfactory answer to this aspect of the case. In these circumstances, as both the parties have been fully heard we would convert this petition into an appeal and would accept it and set aside the orders of the Courts below granting temporary injunction in favour of the respondent.
27. ' We may add that some apprehension was expressed by the respondent, who was also present in person, that the Baluchistan Government may not accept him as their employee. In our opinion this apprehension is unfounded. In view of the letters issued by the Industries Department of the Baluchistan Government, which we have reproduced above, we entertain no doubt that the respondent is a permanent employee of the Baluchistan Government and holds a lien in the Small Industries Directorate in the said Government and that he shall be absorbed therein without any difficulty.
28. ' The appeal is allowed with the above observations, leaving the parties to bear their own costs.