Appointment of Lambardar

Importance of office of Lambardar and its intrinsic and extrinsic values and general externalities in terms of social recognition in an agro-based community in village.

Scope.

Additional District Collector appointed petitioner as Lambardar, but on filing appeal by respondent against said appointment, Commissioner set aside order of Additional District Collector

Validity

Position of Lambardar was of a very high eminance and erudition according to the prevalent and traditional norms in rural economy

Decision to appoint a person as a Lambardar in a Revenue Estate was of pivotal importance since it was a leadership position and the very conferment of title appointment as Lambardar entitled to certain privileges including high social status in the locale and a respectful identity with dignity in rural society

Personal influence, character, ability and freedom from indebtedness were prerequisites for the appointment of Lambardar

Additional District Collector did not appreciate the mandatory provisions of S.36 of West Pakistan Land Revenue Act, 1967 and instructions in Rr.16 & 17 of West Pakistan Land Revenue Rules, 1968

Commissioner had rightly held that Additional District Collector should have appointed Lambardar in the light of the statutory provisions and instructions of the Board of Revenue

Revision petition filed by the petitioner was dismissed and the decision of the Commissioner was upheld by Board of Revenue, in circumstances.

Aggrieved by said order, respondent filed appeal before Executive District Officer (R) who accepted the same, set aside order of District Officer (R) and appointed the respondent as Lambardar of the village

Merits and demerits of the parties were examined and discussed in the order of Executive District Officer (R) and factual and legal position of the case had also been considered

Respondent; in view of criteria far appointment as contained in R.17 of the West Pakistan Land Revenue Rules, 1968, had an edge over the petitioner so far as factors to be determined in the appointment of Lambardar

Hereditary status of both the petitioner and respondent seemed to be equal, however respondent was a matriculate having more land than the petitioner, which was sufficient to meet the requirements of "Zare-Bharat "

District Officer (R) appointed the petitioner as permanent Lambardar against the law/criteria laid down on the subject, without comparison of the contesting candidates

Order of District Officer (R) was rightly set aside by Executive District Officer (R) as appellate forum after hearing the parties and considering the merits and demerits of the case

Petitioner had produced no material evidence in rebuttal to the findings of Executive District Officer (R) given in the impugned order

Petitioner had failed to bring out any legal or factual infirmity in the appointment of respondent as Lambardar of village

Impugned order which was based on facts and good reasons, could not be interfered with in revision by Board of Revenue and same was upheld.

Petitioner's application challenging the appointment of respondent as lambardar was dismissed by the Executive District Officer, Revenue-Member (Judicial), Board of Revenue dismissed revision filed by petitioner

Petitioner. contended that rule of primogeniture had been declared violative of injunctions of Islam by the Supreme Court of Pakistan

Validity

Controversy of fact had been resolved by forum of exclusive jurisdiction and statutory authorities were not open to question in constitutional jurisdiction of High Court

Objections could not be raised to concurrent findings of fact

Appointment of lambardar was essentially an administrative matter and no one had a vested right to be appointed as lambardar

Rules of appointment of lambardar were of directory in nature to provide guidelines to statutory authorities for selection of the most suitable person as successor lambadar as such authorities had the requisite experience and knowledge for making a suitable choice

Appointment of lambardar could not be challenged in constitutional jurisdiction

Petition was dismissed.

Rule of primogeniture was against the Injunctions of Islam.

Contention of petitioner was that he was eligible for the said post on the basis of hereditary claim as his father was a permanent lambardar

Record revealed that petitioner had abandoned his residence and had shifted from the relevant area and had sold his entire land and was no more landowner in the area

Contentions raised by petitioner had already been decided by the revenue hierarchy which could not be agitated in the constitutional jurisdiction of High Court

Constitutional petition was dismissed by High Court.

Permanent Lambardar of the Chak concerned had expired; to fill in vacancy applications were invited and the respondent was appointed as a permanent Lambardar on the vacant post by the District Collector

Appeal filed by petitioner was accepted by the Commissioner with direction to District Collector to invite fresh applications and the person from the majority group should be appointed as a Lambardar

Both the parties challenged the order in revision petition before Member Board of Revenue who accepted the revision of the petitioner and dismissed the revision filed by the respondent

Further revision petition filed by the respondent was accepted by the Senior Member Board of Revenue and the choice of the District Collector was restored in the order

Contention of the petitioner was that the petitioner's father was a permanent Lambardar and Rule 17 of the Land Revenue Rules, 1968 as well as rule of primogeniture was applicable to his appointment as a permanent Lambardar

Validity

Petitioner's father was a permanent Lambardar and the petitioner had been working as a Sarbrah Lambardar and belonged to a majority tribe of the locality

Post of Lambardar fell vacant in that year when the rule of primogeniture was there

All appointments prior to the invalidation of the said rule had to be made in accordance with that very rule

Constitutional petition was accepted by the High Court.

Senior Member Board of Revenue passed the impugned order in exercise of his power under S.8 of the West Pakistan Board of Revenue Act, 1957

Power to exercise emanated from the statute and therefore, it was imperative upon the Court or Tribunal of limited jurisdiction to remain within the four corners of the conditions laid down in S.8 of West Pakistan Board of Revenue Act, 1957

Power of review could only be exercised under S.8 of the West Pakistan Board of Revenue Act, 1957 if there was some substantial error apparent on the face of the record which after due diligence could not be brought on the record

Review did not permit rehearing of the matter

Constitutional petition was allowed by the High Court.

After death of permanent Lambardar, son of deceased was appointed as Lambardar in place of deceased Lambardar by District Collector

Appeal against said order failed before Executive District Officer

Both orders were set aside by Member Board of Revenue and instead respondent was appointed permanent Lambardar

Choice of District Collector which was maintained by Executive District Officer, could not be interfered with unless found perverse

Superiority of one over another, did not depend on nationality, wealth or rank, but on the careful observance of duty or moral greatness

Person who normally discharged obligations and duties towards men and Allah stand on better footing than those who were not endowed with these -qualities

Member Board of Revenue by appointing respondent in place of the petitioner had gone by the consideration that respondent was primary pass whereas the petitioner was not educated

While making choice of any person for the post of performance of administrative duties, one's experience in the field was also one of the paramount considerations which should be kept in view

Main reason which weighed with the Member Board of Revenue was that the petitioner had a less holding

While reversing finding, it was imperative upon the Member Board of Revenue to upset the choice only when choice of the District Collector was found to be perverse, but no finding of perversity of choice had been recorded

Comparative merits of the candidates and the plea of the petitioner that he had better experience, because not only father of the petitioner, but his grandfather was also Lambardar, had not been considered

Impugned order was declared to be without lawful authority and of no legal effect

After correcting error in the judgment, case was remanded to the Member Board of Revenue to decide the matter afresh after taking into consideration the meritorious record possessed by the respective candidates.

Respondent asserted that the petitioner had been a Chairman of Mogha Committee which disentitled him for the post of Lambardar

Objection of being Chairman Mogha Committee was taken up for the first time in constitutional, petition and was not taken up in the earlier forums, as such, the same could not be taken into consideration in petition under constitutional jurisdiction of High Court.

Contention of the respondent was that he being more educated and having a more holding than the petitioner was entitled to be appointed as Lambardar

Validity

Appointment of Lambardar on the basis of being more educated was misconceived as R.17 of the West Pakistan Land Revenue Rules, 1968 was silent on the subject

Merely having a more holding by a candidate was also no ground for claiming superiority for the post of Lambardar.

Petitioner contended that respondent being candidate of the Lambardar had been involved in case under S.16 Maintenance of Public Order Ordinance, 1960 and Ss. 148 & 149, P.P.C.

Effect

Respondent had previously been involved in case under S.16, Maintenance of Public Order Ordinance, 1960 and Ss. 148 & 149, P.I.C. as against the petitioner where nothing adverse was on record about his conduct

High Court accepted the constitutional petition, set aside the order for appointment of respondent as Lambardar.

Earlier when estate of Chak concerned was mostly owned by Government, Collector had made an appointment of a temporary Lambardar there

When proprietary rights for more than 50 % of the land in the said Chak were granted to lessees/grantees, permanent Lambardar was appointed there

Validity

On grant of proprietary rights to lessees/grantees, estate had lost its status of the one chiefly, owned by Government and logically proceedings for appointment of - Lambardar on a permanent basis had become due after grant of proprietary rights to lessees/grantees

Revision of previous arrangement, after the said change, was necessitated for practical reasons as well

Prior to the grant of the proprietary rights, no land revenue was leviable and grantees were not required to pay other cesses

Person appointed against,the post of Lambadar on temporary basis had no responsibility or accountability, but on the grant of proprietary rights to the grantees, responsibility in that regard had arisen in the Chak which was to be treated as first appointment- of a Lambardar in the Chak

Temporary appointment previously made, in circumstances, would no more remain in force and would cease to exist

Lambardar on permanent basis was rightly appointed, in circumstances

Contention that a Lambardar which was appointed on temporary basis was a Lambardar for all purposes and that there was no difference between a temporary Lambardar and permanent Lambardar, was without any legal force and had no validity.

Fifteen candidates applied for the post, but out of them 8 candidates withdrew their applications and only 7 candidates remained in field out of whom four were not summoned

Out of remaining 3 only the respondent was appointed without taking into consideration merits of other two candidates

Non-summoning of candidates who had not withdrawn their candidature and ignoring claim of other candidates without hearing them and without taking into consideration their merits, had militated against requirement of law and justice

Order of Authority appointing, the respondent arbitrarily, , was unlawful and unsustainable, irrespective of the fact whether petitioner had any locus standi in the matter or not

Order was set aside and case was remanded for fresh appointment after inviting applications through proper publicity and after hearing candidates properly looking into merits of their claims.

Person desirous to become Lambardar was although regarded as permanent resident of village or Chak for which Lambardar was to be appointed, yet he .was doing his business or some other job elsewhere and was also normally residing there, and thus he would be deemed to be absentee for purpose of appointment as Lambardar and would not be available to perform day to day functions/duties attached to the office of Lambardar

Such disqualification has been envisaged in R. 18(2)(c), West Pakistan Land Revenue Rules, 1968

.Nature of duties of Lambardar require a person to be present all the time in village or Chak for which he is appointed so as to discharge his functions efficiently, adequately and properly

High Court had accepted that respondent Was doing his business at 'M' and was also residing there was in fact absentee from 'M' and thus, would not be able to discharge the duties assigned to Lambardar

Appointment of Lambardar was in the discretion of Revenue Authorities and as a general rule, absentee was not appointed as Lambardar particularly when suitable candidate was available

Board of Revenue while appointing appellant attended to all relevant aspects of the matter, legal as also factual in setting aside appointment of respondent.

High Court was not right in interfering with the decision of Board of Revenue and remanding the case for reconsideration

Nobody had vested right to be appointed as Lambardar and matter of appointment of Lambardar was essentially administrative function which rested exclusively with the Revenue Authorities who on account of their experience and training were in better position to make suitable choice than Courts of general jurisdiction

Order of Board of Revenue in appointing appellant as Lambardar was restored by Supreme Court in circumstances.