LAWS(HPH)-1996-12-26

LACHHMAN DASS Vs. STATE OF H.P.

Decided On December 04, 1996
LACHHMAN DASS Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) This writ petition is by a person, who was appointed as village Chowkidar by the Sub -Divisional Officer (Civil). Tehsil Amb, District Una. The order of appointment made by the Sub -Divisional Officer was set aside on appeal by the Deputy Commissioner of Una The aggrieved petitioner has preferred this writ petition. An objection is taken by the respondents that the matter will be governed by the provisions of the Administrative Tribunals Act and the remedy of the petitioner is only to approach the Tribunal under that Act.

(2.) Learned Counsel for the petitioner contends that the village Chowkidar post cannot be considered to be a civil post as he is not paid by the Government as such and that the salary is paid by collection of money from the villagers. This contention cannot be accepted,

(3.) The Supreme Court has considered the question whether the post of Mauzadar under the provisions of Assam Land and Revenue Regulation is a civil post In State of Assam and others v. Kanak Chandra Dutta, AIR 1C67 SC 884, the Supreme Court answered the question in the affirmative by holding that the civil post would only mean a post not concerned with defence outside the regular civil services and when there is a relationship of master and servant between the State and the person holding the post, it is certainly a civil post.