Appointment of Patwaris

2020 PLC(CS) 844 PESHAWAR-HIGH-COURT Judicial Precedent

Appointment of patwari

Contention of petitioner was that respondents despite being juniors had been appointed ignoring the seniority of petitioner

Validity

Respondents were juniors to the petitioner as per register of patwar candidates

Appointments of respondents as Patwari were made on 24-12-2009 but same were never challenged by the petitioner and his name had been deleted from the relevant register being overage

Petitioner had not challenged the order for deletion of his name from the register of patwar

Petitioner had slept over his right for indefinite period and constitutional petition had been filed on 23-12-2013

Petitioner had failed to explain the laches and delay in approaching the Court

Petitioner was not vigilant in seeking relief from the Court in due course of time

Constitutional petition should have been filed within a reasonable time

Petitioner was guilty of contumacious lethargy, inaction, laxity and negligent in the prosecution of his cause

Constitutional petition was dismissed, in circumstances.

2017 PLC(CS)N 17 PESHAWAR-HIGH-COURT Judicial Precedent

Appointment of Patwaris

Contention of petitioners was that authorities were intending to make appointments of their favorites and blue-eyed candidates in violation of rules

Validity

Appointment of persons for Patwari posts should be on seniority basis according to list given in register "G" of Land Record Manual and policy formulated by the Government

Any test and interview for the said appointment would be in violation of settled law

Constitutional petition being premature was disposed of accordingly.

2012 PLC(CS) 1289 PESHAWAR-HIGH-COURT Judicial Precedent

Paras. 3.6, 3.10 & 3.11Notification No.SO.XLX-1-55/58-Part II (1963)Constitution of Pakistan, Art.199Constitutional petitionCivil ServiceAppointment of PatwarisPetitioners assailed their non-appointment as Patwaris despite having qualified for the sameValidity

According to para.3.6 of the Land Records Manual, a merit list of all Patwar persons in each sub-division according to the year-wise commencement of the Patwar Course shall be maintained by the Sub-divisional Collector/Political Assistant

No distinction existed regarding the "settlement" and the "field" course and vacancies were to be filled up with the ready information about the availability of eligible persons in the Sub-Division irrespective of the fact whether a person had passed the "field" or the "settlement course" from the Patwar School

Rules governing appointment of Patwaris clearly directed appointment of Patwaris strictly in accordance with Service Rules and the Recruitment Policy(Notification No. SO.XLX-1-55/58 - Part II)

High Court directed that the Authorities were required to display the merit list and the candidates were to be given appointment according to it, subject to passing of test interview and no discrimination was to be made

Constitutional petition was disposed of, accordingly.