BASHIR AHMED vs MEMBER (JUDICIAL-III), BOARD OF REVENUE, PUNJAB, LAHORE and others

' QAZI MUHAMMAD FAROOQ, J.---The dispute in this petition relates to the appointment of Lumberdar of Chak No,40/P, Tehsil and District Rahimyar Khan.

2. When the post of Lumberdar fell vacant on the demise of Allah Ditta, permanent Lumberdar, applications were invited on 3-8-1992 by the District Collector to fill up the post. Reports were also called from the lower hierarchy of the Revenue Department. Four candidates applied for the post but ultimately two remained in the field. Out of them the petitioner Bashir Ahmed was appointed as Lumberdar by the competent Authority i,e, Deputy Commissioner/Collector, Rahimyar Khan vide order, dated 6-7-1994. The respondent Muhammad Irshad challenged the said order but his appeal was dismissed by the Commissioner, Bahawalpur Division on 27-11-1994 on the grounds that he was an uneducated person and had also failed to deposit land revenue pertaining to a particular period and in that context warrants of his arrest were issued. The respondent took the matter in revision before the Board of Revenue, Punjab which was allowed on 29-5-1998 on the ground that at the time of making the application for appointment as Lumberdar he was not a defaulter. Feeling aggrieved the petitioner filed a writ petition in the Lahore High Court, Bahawalpur Bench but the same was dismissed on 28-1-1999. Hence this petition for leave to appeal.

3. While assailing the impugned judgment the learned counsel for the petitioner contended that in view of the guidelines for appointment of Lumberdar highlighted in rule 17 of the West Pakistan Land Revenue Rules, 1968 the petitioner being an educated person having more landed property comparatively had an edge over the respondent who was not only uneducated but also a defaulter at the time of filing application for the slot on account of failure to deposit land revenue amounting to Rs,7,771 in the Government Treasury.

4. The respondent's revision petition was accepted by the Member (Judicial-III), Board of Revenue, Punjab with the following observations:-- "The hard facts are that both the candidates reside in the same Chak, belong to the same Biradari, own sufficient land to meet Zar-eBhart and bear good character. Muhammad Irshad worked as temporary Lumbardar from 1978 to Kharif 1991 when "Dhal Bachh" for Rabi 1992 was delivered to Bashir Ahmed respondent on the ground that the petitioner had defaulted in clearing Government dues to the tune of Rs,7,778.03. The report dated 23-11-1993 made by the Wasal Baqi Nawees states that the whole arrears of Rs,7,778.03 were cleared on 29-12-1992 and 30-12-1992 and thereafter nothing was due from the petitioner, it is surprisingly evident from the case file that the main defaulter was Bashir Ahmed, respondent himself and the petitioner had been seeking help from the Revenue Officers to get the recovery effected from him and other defaulters."

5. It is evident from the above observations that the respondent was not a defaulter at the crucial stage and there is nothing on the record to lend 'support to the contention that he was a defaulter at the time of seeking appointment as Lumberdar. The education-related contention is misconceived inasmuch as rule 17 of the West Pakistan Land Revenue Rules, 1968 is altogether silent on the subject. It appears that the respondent was given preference over the petitioner mainly for the reason that he had worked as temporary Lumberdar from 1978 to 1991 to the entire satisfaction of the authorities concerned. Consequently, we find no substance in this petition which is accordingly dismissed and .