1. ABDUL KADIR SHAIKH, J.--The prayer for grant of permission to amend the memorandum of the petition is granted and the miscellaneous petition filed in this behalf is allowed. The amended memorandum of the petition has been filed and it is taken on the record. For the reasons shown, the delay in filing the petition is condoned.
2. The facts of this case briefly stated are that petitioner joined the service of the former Province of West Pakistan as Assistant Agricultural Engineer on 16-11-1968 and was posted at Larkana (Sind); he was then transferred to Sibi (Baluchistan) and continued to serve there upto dismemberment of the Province of West Pakistan by the Province of West Pakistan (Dissolution) Order, 1970.
3. By the order passed in exercise of powers under sub-clause (c) of clause (1) read with clause (2) of Article 20 of the Presidential Order, 1970, the Governor of West Pakistan allocated the petitioner to the Province of Sind.
4. It is the case of the petitioner that as soon as this fact came to his knowledge, he made a representation through proper channel, to the Governor of Baluchistan that he being a local resident of District Kachhi (Baluchistan), he is entitled to be allocated and absorbed in the service of the Province of Baluchistan. He continued to serve in the province of Baluchistan and was promoted to the post of Deputy Director, Agriculture Department, and was posted at Khuzdar.
5. However, by the notification dated 9-1-1973 he was directed to hand over charge and join the service of province of Sind whereupon he made another representation to the Governor of Baluchistan reiterating that he being a local resident belonging to the Province of Baluchistan, the order of his repatriation to the Province of Sind which had been erroneously issued be cancelled.
6. The Governor of Baluchistan accepted petitioners representation and passed the following order dated 8-5-1973: "He does not wish to go Sind, moreover he is Local, his orders for Sind should be cancelled forthwith and he should be placed in his old cadre.
7. Sd/- Governor Baluchistan."
8. The Secretary to the Government of Baluchistan in the Agriculture Department in execution of the order of the Provincial Governor made the following endorsement dated 9-5-1973; "Issue order accordingly. Treat intervening period as if leave without pay. He may be asked to take over as an officiating on any one of the Deputy Director Posts.
9. Sd/- Secretary Agriculture Government of Baluchistan."
10. Subsequently the Government of Baluchistan in the Agriculture and Cooperative Department issued the notification dated 26-6-1973 which may also be reproduced. It reads as follows: Government of Baluchistan Department of Agriculture and Coop.
11. Dated Quetta the 26th June, 1973.
12. NOTIFICATION No. SOA (I) Agri/8-2/70. The Government of Baluchistan is pleased to withdraw its Notification of even number dated 9-1-1973 in order to place Mr. Abdul Haque Khoso in his old position of Assistant Engineer in Machinery Maintenance Department.
13. The intervening period from 9-1-1973 (AN) till resumption of his duty by Mr. Abdul Haque Khoso is hereby treated as leave without pay.
14. The Government of Baluchistan is further pleased to give the additional charge of the Field Engineer Inspection Quetta to Mr. Abdul Haque Khoso at his own pay and status till further orders. '
15. Asif F. Verdage Secretary."
16. Petitioner continued to serve in the Province of Baluchistan in various posts when again the Government of Baluchistan in Agriculture Department issued the notification dated 28-3-1977 directing repatriation of the petitioner to the Province of Sind with immediate effect This notification reads as under: "Government of Baluchistan Agriculture, Cooperation and Forest Department.
17. Dated Quetta, the 28th March, 1977.
18. NOTIFICATION No. SOA(I)MMD/19-1/75. With the prior concurrence 'of Government of Sind, Mr. Abdul Haque Khoso, officer on Special Duty in the Machinery Maintenance Department, Baluchistan, Quetta is repatriated to the Province of Sind with immediate effect in accordance with the allocation made by the former Government of West Pakistan Agriculture Department Notification No.7(33)-30(F&M)/69.Engg: dated 13-6-1970.
19. Mr. Abdul Haque Rhoso stands relieved with immediate effect and directed to report to the Government of Sind.
20. Sd/- Changiz Khan Aliani Secretary."
21. Petitioner made several representations to the Government of Baluchistan raising various pleas but these were finally rejected by the letter dated 18-9-1985, and it was in these circumstances that petitioner then filed a constitutional petition in Baluchistan High Court. The High Court, however, dismissed the petition by the judgment dated 12-3-1986 for the reason that since the petitioner ceased to be in service after the impugned order dated 28-3-1977 was passed and was neither in the service under the respondent nor under the Government of Sind and delay of nine years had lapsed since then, the relief sought for was not admissible to the petitioner, he being also guilty of laches.
22. Mr. Basharatullah learned counsel appearing in support of this petition submits that since the petitioner had been making representations to the Provincial Government and it was only by the letter dated 18-9-1985 that these were rejected, he cannot be held guilty of laches. As to the merits of the case, learned counsel submits that the Governor of Baluchistan having finally decided by the order dated 8-5-1975 which was notified on 26-6-1973 that petitioner was an employee of the Province of Baluchistan, it was not afterwards permissible for the Provincial Government to pass the impugned order of petitioner's repatriation to the Province of Sind after lapse o: about four years when in the meantime he had also earned promotion and thus the previous order dated 8- 5-1973 was fully implemented and acted upon.
23. Learned counsel further submits that, petitioner having remained an employee of the Province of Baluchistan from the date of dissolution of the former Province of West Pakistan upto 28th March, 1977 for nearly 7 years, and the order of his allocation the Province of Sind having been revoked by the Governor of Baluchistan, he could not be allocated to the Province of Sind by the Governor of Baluchistan under any provision of law, including the provisions of Article 20 of the Presidential Order, 1970 which power was no longer available to be exercised, and in any case, could not be exercised by the Governor of Baluchistan.
24. Learned counsel also submits that the impugned order dated 28th March, 1977 amounts to petitioner's removal from service, and could not have been passed without a departmental enquiry.
25. These and other points raised in support of the petition deserve consideration. We, therefore, grant leave to appeal and allow the petition. '
26. Appeal will be heard on the present record, but it is open to the parties to file additional documents, if any.