11/09/2021
Appointment of Lumberdar
The Honourable Supreme Court of Pakistan while considering the mandate and working of the post of a Lumberdar in judgment reported as MBH M. Nazir Ahmad v. MBH Muhammad Aslam and others [2013-SCMR-363] has held as follows:- “..
"As per the settled law, Lambardari is an administrative post of its own kind, which has the colour and tinge of any honorary post and assignment, in any case it is neither in the nature of government service nor a profession or any avocation having any nexus to an office of profit such a drawing salary etc. from the government exchequer (Note: may be some monetary benefits etc. can be said to be attained by the Lambardar directly or indirectly by virtue of his office), it is also not a vested right of a person to be appointed as a Lambardar, rather the revenue authorities, for the purposes of assigning certain responsibilities to a person in the Chak, make a selection as per the criteria set out in rule 17 of the Land Revenue Rules and to find the most suitable candidate for the job who could capably discharge the duties inter alia in terms of rule 22 of the rules ibid. As the entire effort of the Revenue Authorities in this behalf should be to find out and locate the most suitable person for the job, because no one, as mentioned above, has a vested right to the appointment, rather a Lambardar is saddled with certain responsibilities in connection with the collection of the land revenue, Abiana and other government dues etc. therefore, for choosing the best available person, on whom trust can be reposed, the condition and requirement of qualifications in strict terms, which may otherwise be adhered to in some other kinds of recruitments in the government service etc. especially in relation to and by a given and a specific date meant for applying for such posts/appointments, should, not be strictly followed in the Lambaridari matter. It may be pertinent to mention here that the relevance and the importance of the date for applying to the post (Lambardari) is primarily meant to ascertain as to who are the persons interested in the job, so that they should come forward and apply for the same by a given date. Thus, the revenue authorities who has Writ Petition No:-19464/2009 13 to make the appointment should have the fair idea of pool (of persons) from whom they should select the most suitable. Therefore, if an applicant who does not cross a threshold of qualification or if there is an impediment in his way for the appointment on the date of application has applied in time, but while the matter is being processed and scrutinized and before the final decision is taken by the first revenue forum, such applicant either crosses the threshold or removes the hurdle in his way, such person notwithstanding the ineligibility on the date of application should be considered by the revenue authorities for the assignment. Because the object, as mentioned earlier, is to appoint a person to perform the duties of a Lambardar, who is the best and suitable man for the job.."
