P L D 1962 W (PLP)

Mily/Civil Brother's on is serving as Lieut in the army. No. No.

2. Risaldar Haji Muhammad Yusaf Khan 27 acres Good Too old (70 yrs.) to look after the cows personally. Served in the Army as Risaldar for 28 yrs. has a number of C.Cs No. No.

3. Ex‑Hav. Abdul Majid s/o Ch. Ghulam Nabi. 1 acres Good Served as Havaldar in PAOC. for 8 yrs. 2 real brothers served the Army, father served the Army during 1914. Copies of C.Cs attached No. At present Keeper in the Central Co‑op. Bank willing to leave service if H.B. square allotted. He also noted that the other candidates had also appeared before him, who possessed relatively lesser merits than tile above three individuals. The above recommendations were dealt with in the office note, dated 19‑5‑1960 and it was men tioned that according to their claims, ex‑Havaldar Abdul Majid, appellant, was the best. The S.D.O., Khanewal signed his approval to the note and submitted it for orders to the Deputy Commissioner (Collector), who approved of the grant of the square in Abdul Majid's favour in his brief one‑lined order As many as 4 appeals were filed before the Additional Commissioner who set aside the order and remanded the case to the Collector for fresh selection after proper publicity and after a proper re‑examination of the claims of the different candidates by the D.R.O. The Additional Commissioner was led to this view because he found it difficult to reconcile the fact that the names of the three candidates recommended, had been shown "as per priority", but the name of the apparently least deserving one was shown as No. 1, with remarks on breeding and animal management experience were as fair only, while that of the second most deserving one was shown at No. 2, with breeding and animal management experience as good, but it was added that he was too old (70 years) to look after the `cows' personally. The learned Additional Commis sioner appears rather to have been upset by the mention of "cows" in a case in which recommendations for horse breeding were considered. This, however, was obviously a typing error and did not deserve to be made so much off. The most deserving candidate was in this list shown as No. 3 with breeding, and animal experience as unqualifiedly good. A careful perusal of the recommendations shows that the priority in this case is obviously to run from bottom to top and not from top to bottom. I am sure the Additional Com missioner would have arrived at the same assessment if he had not allowed himself to be bewildered by the mistaken use of the term `cows' as mentioned above. My learned brother Abbasi, Member, Board of Revenue's ruling reported in P L D 1959 (Rev.), at page 147 also does not appear to have been brought to his notice, wherein he was pleased to observe: "The revision petition has not been argued on any specific ground except the fact that the District Remount Officer had placed him No. 1 in his list. This is true, but while the District Remount Officer's recommendation should receive due weight, it cannot be accepted as the last word, specially where the merits of his recommendation are not explained. I think the Collector was justified in arriving at the conclusion that Muhammad Aslam was the best candidate". In the present case also, in my opinion, there can be no doubt that of all the candidates recommended by the D.R.O., ex- Havaldar Abdul Majid, petitioner, is the best If he were not considered to be the best, the Additional Commissioner should have called up the candidates before him as well as obtained a revised information from the D.R.O. and decided the case on merits himself, rather than put the candidates again through the process of going back to the Collector with further appeals and revisions. I summoned the candidates to appear in person. Although I have the highest regard for the meritorious services rendered by Havaldar Haji Muhammad Yousaf Khan, yet I am of the same opinion as the D.R.O. that he is too old to look C after animal breeding personally and that ex‑Havaldar A. Majid, the petitioner would prove a better breeder than others. In the result, therefore, I accept the revision, set aside the order of the Additional Commissioner and restore that of the Collector. S. B. Revision accepted.