RAM CHANDER MALIK Vs. FINANCIAL COMMISSIONER, REVENUE, HAR

JUDGEMENT

(1.) By this judgment, we propose to dispose of three Writ Petitions. C.W.P. No. 2787 of 1986, C.W.P. No. 1667 of 1986 and C.W.P. No. 4009 of 1986, as the point of law involved in all these writ petitions is common.

(2.) In all these writ petitions, the petitioners at the relevant time, were holding the post of Ziledars, and they have challenged the order, dated March 18, 1986, passed by respondent No. 1 whereby four other Ziledars, namely Sarvshri Banwari Lal, Mohinder Singh, Har Narain Singh and Dharamvir Vir Mittal, were selected as 'B' Class Tehsildars on temporary basis for six months. The selection of the aforesaid Ziledars has been challenged mainly on the ground that they were not eligible for consideration and case of the Writ Petitioners was not considered by the respondents. It has also been contended in the writ petition that the respondent has no right to raise the upper age limit for the purpose of selection.

(3.) These writ petitions were dismissed without any order as to costs vide judgment, dated 23rd August, 1994. Thereafter, Review applications bearing Nos. R.A. No. 245 of 1994, 246 of 1994 and 247 of 1994, were filed on behalf of the writ petitioner on the ground that the arguments could not be addressed on their behalf and the absence of their counsel on the date of hearing was bonafide. These Review applications came up for hearing on 7th October, 1994 and after hearing the learned counsel for the parties, the judgment dated 23rd August, 1994 was recalled and the writ petitions were directed to be listed afresh for arguments. Thereafter, elaborate arguments were addressed on behalf of the petitioners.