FATEH MASEIHPetitoner vs MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE and others
This petition for leave to appeal arises from a dispute regarding the appointment of a Lambardar in Chak No. 38/D.B., Tehsil and District Khushab. The petitioner, who had served as a temporary Lambardar since 1952, challenged the appointment of the respondent as the permanent Lambardar, arguing that his long service entitled him to the position and that no vacancy existed. The District Collector, whose decision was upheld by the Commissioner and the Member, Board of Revenue, rejected the petitioner's application on the grounds of unsuitability, noting that the petitioner was a habitual defaulter in the payment of government dues and had been imprisoned multiple times for such defaults. The Lahore High Court dismissed the petitioner's writ petition challenging these concurrent findings. The Supreme Court held that the appointment of a Lambardar is the prerogative of revenue officers, and where authorities have unanimously found a candidate unsuitable due to documented defaults, the court will not interfere. The petition was dismissed, affirming that the appointment of a suitable candidate cannot be set aside without lawful justification.
- Is the appointment of a Lambardar considered the prerogative of revenue officers?
- Can a court interfere with the concurrent findings of revenue authorities regarding the suitability of a candidate for the office of Lambardar?
- Does long service as a temporary Lambardar create an indefeasible right to be appointed as a permanent Lambardar?
' MANZOOR HUSSAIN SIAL, J.---Fateh Maseih petitioner seeks leave to appeal against order dated 7- 5-1995 of the Lahore High Court, ',whereby W.P. No, 5463/95 filed by him, was dismissed.
2. This petition arises out of dispute regarding appointment of Lambardar in Chak No, 38/D.B., Tehsil and District Khushab. The petitioner claims that he was acting as temporary Lambardar of the aforesaid village since 1952. On his application that his appointment be regularized as permanent Lambardar of the State, the District Collector vide order dated 27-9-1992 appointed Inayat Masih respondent No,4 as permanent Lambardar and dismissed the petitioner's application. The order of the Collector Khushab, was maintained in appeal by the Commissioner, Sargodha Division, and in revision by the Member, Board of Revenue, Punjab, vide orders dated 3-12-1992 and 30-3-1995, respectively. Aggrieved by the aforementioned orders, petitioner filed W.P. No, 5463/95, in the Lahore High Court, which was dismissed vide impugned order referred to above.
3. Learned counsel for petitioner contended that the petitioner having served as temporary Lambardar of the village since 1952, was entitled to be appointed as permanent Lambardar, as against Inayat Maseih respondent, who had no preferential claim than that of the petitioner. It was further contented that the vacancy of permanent Lambardar in the estate did not occur, therefore, the petitioner cannot be dislodged from the office of the Lambardar held by him since long.
4. .We have considered the contentions raised by learned counsel for petitioner, but finding no substance in them. The appointment of Lambardar is prerogative of the revenue officers. All the three revenue officers, namely, Collector, Commissioner and Member, Board of Revenue, did not hold the petitioner suitable for appointment as Lambardar of the estate. The Member in his order quoted an extract from the order of the Collector to the effect that the petitioner was usual defaulter, and had been sent to jail many times for defaulting in payment of Government dues. The Dhal Bach of the estate at many occasions was entrusted to other people for realization of the Government dues.
5. In these circumstances, the appointment of Inayat Masih, who was unanimously held suitable for the appointment of permanent Lambardar cannot be set at naught without lawful justification.
' In the result, this petition has no merit, which is dismissed and leave to appeal refused. .