GHUNI DEVI Vs. RAM SINGH

JUDGEMENT

(1.) THE petitioner is aggrieved by the order of the Financial Commissioner Annexure P4, whereby the revision petition preferred by respondent Ram Singh against the order of Divisional Commissioner has been accepted.

(2.) BRIEF facts necessary for the disposal of the present petition are that the husband of the petitioner was working as Lambardar in Phati Dughilag, Tehsil & District Kullu. The respondent No.2 invited applications for the post of Lambardar by giving wide publicity. Four persons applied, namely, Dhian Chand, Ram Singh, Murat Ram and Ghuni Devi. The Collector vide his order dated 2.11.1994 appointed respondent No.1 Ram Singh as Lambardar. According to the order passed by the Collector, the appointment was made in accordance with Chapter-IV of the H.P. Land Records Manual. According to the Collector, the facts to be kept in view while considering the suitability of a particular incumbent are; heredity, extent of property in the estate possessed by the candidate, service rendered to the State by the incumbent, or by his family, personal influence, character, ability and freedom from indebtedness and the strength and importance of the community etc. While considering the rival claim of the incumbent, the case of the petitioner was rejected primarily on the ground that she was a woman. He observes:-

(3.) AT this juncture, reference may be made to the Punjab Land Revenue Rules (as applicable to the State of Himachal Pradesh) (hereinafter referred to as the Rules). Rule 15 provides for the factors to be considered for the first appointment of headman. Rule 30A states that in case of Lambardars of "Phatis" in Kullu District, the foregoing rules shall be read subject to he modification that in their appointment, the considerations shall be those prescribed in Clauses (b),(c) & (d) of Rule 15 & Rule 17 shall not apply to them. The factors to be considered are; the extent of property owned/possessed in the estate by the candidate, service rendered to the State by the incumbent, or by his family, personal influence, character ability and freedom from indebtedness. Rule 15 deals with claim of hereditary rights has been excluded and the applicability of Rule 17 is excluded altogether. Rules 15 & 17 read as under: