AMAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was appointed as a Patwari in 1943 in Tehsil Nurpur, District Kangra, and was promoted as Field Kanungo in the Consolidation Department in that very tehsil. In 1954 he was reverted as Patwari in the Revenue Department and was promoted as Field Kanungo in Tehsil Nurpur, District Kangra, on May 17, 1954. In 1959 he was appointed as Assistant Consolidation Officer in the Consolidation Department in District Kangra and on September 30, 1965, he was reverted and posted as Kanungo in the Revenue Department, District Kangra. Thereafter, on December 14, 1965, he was absorbed as Naib Tehsildar in the office of the Director, Land Records, Punjab, Jullundur, and has been working as Naib Tehsildar since then. The petitioner was finally allocated to the State of Punjab under Section 82 of the Punjab Reorganisation Act with effect from November 1, 1966. By the impugned order dated October 13, 1971, passed by the Commissioner, Jullundur Division, the petitioner was reverted to his parent office which, according to the return, means Tehsil Nurpur, District Kangra. The petitioner has challenged that order by means of this writ petition to which written statement has been filed by respondent No. 1.

(2.) A similar question was considered by me in Shri Prem Nath Lakhanpal v. The State of Punjab and others, C.W. No. 4130 of 1971, and I held that the Commissioner, Jullundur Division, had no jurisdiction to revert the petitioner of that case to Himachal Pradesh which was not within his jurisdiction. The final allocation having been made by the Government of India under Section 82 of the Punjab Reorganisation Act, no power vests in the Commissioner, Jullundur Division, to make any change in that final allocation. The impugned order reverting the petitioner to his parent office in Himachal Pradesh is, therefore, without jurisdiction and is liable to be set aside.

(3.) In the return it has been stated that the petitioner cannot be allowed to continue as Naib-Tehsildar as he is not an accepted candidate nor has he passed the departmental examination. It has been stated by the petitioner in his replication that Shri Madan Chand, who has been appointed in place of the petitioner, has also not passed the departmental examination. It will be for the Commissioner, Jullundur Division, to decide the inter se eligibility of Shri Madan Chand and the petitioner and as to the post on which the petitioner should be appointed.