| Citation(s) |
|---|
| 1962 SLG = 1962 SLD 2631 = 1962 PLD 64 |
West Pakistan
Revision No. 478 of 1960-61, decided on 5th October 1961, District Lahore.
Presented By: A. M. Khan Leghari Member Board of Revenue
Revision No. 478 of 1960-61, decided on 5th October 1961, District Lahore.
Presented By: A. M. Khan Leghari Member Board of Revenue
NAWAB DIN-Petitioner
VERSUS
MANGLI-Respondent
Law:
Section:
Lambardar - Appointment - Concurrent order of lower officers-Board would interfere "very rarely". Lambardar - Appointment - Government servant --absentee-Not approved in circumstances of case-[P L D 1957 W. P. (Rev.) 8 and 47 distinguished.] Lambardar - Non-Muslim vacancy - Refugee candidate's hereditary claims no longer effective in conferring "prescriptive" right on such candidate - Hereditary claim only one criterion out of five set out fn r. 15, Punjab Land Revenue Rules - [P L D 1958 W. P. (Rev.) 103 rel. and P L D 1957 W. P. (Rev.) 8 and 47 distinguished]. Lambardar-Appointment-Aged candidate's, upheld though appointee in need of assistance from young son without latter's being appointed Sarbarah. Lambardar-Sarbarah-Appointment "from beginning" not permitted by rules-Punjab Land Revenue Rules, rr. 26, 27-[P L D 1961 W. P. (Rev.) 33 rel]. ORDER This is a revision petition from the order of the Commis sioner, Lahore Division, whereby he confirmed the selection by the Collector, Kasur, of Mangli Khan Meo as Lambardar of the evacuee Patti Tahl Singh in Chak No. 24, Tehsil Chunian. In this case both the parties enjoyed hereditary claims. But the respondent scores on all the four other criteria laid down under Rule 15 (6) to (e) of the Punjab Land Revenue Rules. The petitioner has stressed only the two points dealt with below: - The first is that the Collector and the Commissioner have wrongly considered the fact that the petitioner is a Government servant to be a bar against his selection. He has cited half a dozen cases in which Patwaris, clerks, school masters and others have been appointed Lambardars in Lahore District. H. A. Majid, M. B. R's. rulings in P L D 1957 W. P. (Rev.) 8 and 47 have been cited as authorities for the appointment of Government servants having hereditary claims as Lambardars. Both the cases before him were of revision petitions in which the Collector had appointed and the Commissioner had confirmed the selection of the Government servant with hereditary claims as Lambardar and there was nobody else in the field with hereditary…