Law:

Section: 19(A),17 (ii),19 (A)

Lambardar---   Appointment against vacancy caused by migration of non-Muslim made under Land Revenue Rule 19 (A)-Sub sequently heir of non-Muslim Lambardar cannot be appointed permanent Lambardar under Rule 17 (ii).   Rule 19 (A) of the Land Revenue Rules was intended to deal with an extraordinary situation on an ad-hoc basis and purely as a temporary measure.   Subsequently instructions were issued in F. C.'s Memo. No. 1003-R, dated 5-5-1953, in which it was stated that- in making permanent appointments cases of candidates should be considered on merits. These instructions do not say that hereditary claims should get the same weight as given by Rule 19 (A). Further instructions were issued in F. C.'s Memo. No. 3580-R, dated 18-12-53, which laid down that permanent appointments in evacuee vacancies are governed by Rule 15 of the Land Revenue Rules. The latest instructions on the subject are contained in F. C.'s Memo. No. 3832-54/1730-R, dated 13-7-54. Para. 1 (iii) of this Memo. lays down that "at the time of conversion of these temporary Lambardars into permanent ones the appointments should be treated as first appointments and the principles contain ed in rule 15 should be followed. In case of refugees, if they or their predecessors in interest were Lambardars they should be considered as possessing hereditary claims as envisaged in Rule 15 (A) of the Land Revenue Rules and the land obtained by them under the Rehabilitation Settlement Scheme shall be considered at par with the land owned for the purposes of these appointments". These instructions do not take the place of rules, but are a guide to the direction in which the mind of the F. Cs. or the Board of Revenue was working. They clearly indicate that it was not intended to give special weight on the lines of rule-19 (A) to hereditary claims in making permanent Lambardari appointments in evacuee estates. They clearly indicate that Muslim migrating Lambardars brought with them their hereditary rights which were to be considered under Rule 15 (A) of the Land Revenue Rules. This could reasonably be done if migrating non-Muslim Lambardars carried with them their hereditary…