' SAJJAD ALI SHAH, C.J.---Respondents 1 and 2 herein, namely, Muhammad Afzal and Mirani Khan, who are officers in the Government of Balochistan, filed a Constitution petition in the High Court of Balochistan at Quetta challenging validity of Notification dated 26-10-1991, whereby petitioner herein, namely, Col. Muhammad Hashim Baloch, an army officer, who was on deputation to the Government of Balochistan and working as Commissioner, Kalat Division, was inducted in the Balochistan Civil Service in B-19, as a special case and was placed at the top of seniority list in that grade. It was mentioned specifically in the said notification that such induction was personal to the incumbent and could not be quoted as precedent in future. It was contended, inter alia, that officer of the rank of colonel could not be inducted in civil service on regular basis except on re- employment/contract. After hearing the parties, High Court allowed the writ petition by holding that respondent No, 5 (petitioner before us) had no lawful authority to hold the post of Grade-19 in the Provincial Civil Service and Notification, dated 26th October, 1991 was without lawful authority and of no legal effect.
2. Feeling aggrieved against the judgment of the High Court in terms stated above, petitioner herein has filed petition in this Court seeking leave to appeal. Mr. K.M.A. Samdani, A.S.C., for the petitioner, during the hearing before us, stated that a new development has taken place altering the circumstances to the extent that the respondents 1 and 2 herein, namely, M/s. Muhammad Afzal and Mirani Khan have been promoted in BPS-20, hence the said respondents have no grievance against the petitioner and do not want to contest this petition. In such circumstances, for the reason of verification, notices were issued to respondents 1 and 2 herein and also to the learned Advocate-General, Balochistan.
3. Mr. Yakub K. Eusafzai, learned. Advocate-General, Balochistan, appeared before us and stated that he had called respondents 1 and 2, who admitted before him that since they have been promoted to Grade-20 and the petitioner is also in Grade-20, they hold no grievance against the petitioner and do not want to contest the petition. Respondents 1 and 2 have filed such statement in writing, which is placed on the record. In the circumstances and for the reasons stated above, leave is granted and petition is converted into appeal, which is allowed. In consequence, judgment of the High Court, impugned herein, is set aside.
Civil Petition No, 17 of 1995 ORDER ' Government of Balochistan has filed C.P.L.A. 17-Q/95 against the same judgment impugned in this petition, which has been disposed of above and the learned Advocate-General, Balochistan has stated before us that he does not want to press this petition, which in the result is dismissed.