The decision of this case depends primarily on the true and companyrect interpretation of the document, Annexure P 5 Whether it is a letter of appointment of the petitioner to the post of Tahsildar, as claimed by the petitioner, or Whether it is a letter of acceptance of the candidature of the petitioner to the post of Tahsildar, as companytended by the respondent.
Shri Ashok Vashisitha, under Training as Naib Tahsildar, Gurgaon.
Shri Ashok Kumar Vasistha Shri Nepal Singh Tanwar The terms and companyditions of their service, training, passing of departmental examination, probation etc.
After appointment to the post of Tahsildar the Officer has to be on probation for a period of two years under Rule 10 of the Tahsildari Rules.
The interse seniority of the above candidates will be companymunicated to them later.
number 4 above as qualified for the post of Tahsildar and his companysequent appointment as such, is subject to the companydition that he should qualify the tahsildars examination in Urdu paper within 6 months from the date of issue of this letter.
The respondent has explained the procedure.
to undergo a period of probation, etc.
352 of the Constitution with effect from 26th October, 1962, the petitioner was given the benefit of the service and his seniority was fixed as on 27th May 1973 in accordance with the provisions of Rule 4 ii read with Rule 2 of the Emergency Concession Rules, 1965 Annexure B .
3584 of 1977 which was dismissed in August, 1978 by a single Judge of the said High Court.
Sd Deputy Secretary to Govt.,
Shri Kamal Kumar Aggarwal Gupta Shri Amarnath 2.
Shri Raj Kumar 1.
They are allotted to the Commissioners, Ambala and Hissar Division for training as under COMMISSIONER, COMMISSIONER, AMBALA DIV.
will be governed by the Punjab Tahsildari Rules, 1932 and the Financial Commissioners Standing Order No.
Shri Randhir Singh Dhull, under training as Naib Tahsildar working as Tahsildar, Kalka, under local arrangement.
The arrangements for their training will be made by the Commissioners, Ambala and Hissar Division, who are being asked to companymunicate the programme of training to them.
But as respondent number 1 did number keep the promise he filed an application for review of the order made in W. P. No.
The Financial Commissioner, Revenue Haryana is pleased to accept Sarvshri Raj Kumar Aggarwal, Amar Nath Ichhpujani, Ashok Kumar Vasistha, Kamal Gupta, Hardhul Singh Bhole, Randhir Singh Dhull and Nepal Singh Tanwar as A Class Tahsildar candidates.
The application for review was also dismissed in limine.
To Shri Raj Kumar Aggarwal Shri Amarnath Ichhpujani Shri Ashok Kumar Visistha Shri Kamal Kumar Gupta Shri Hardhull Singh Bhole Shri Randhir Singh Dhull Petitioner Shri Nepal Singh Tanwar Memo No.
The acceptance of Sarvshri Ashok Kumar Vasistha and Hardhul Singh Bhole is subject to verification of their character and antecedents.
The material portion of document Annexure P 5 reads From The Financial Commissioner Secretary to Government, Haryana, Revenue Department.
According to the respondent the petitioner was accepted as Class A Tahsildar candidate apprentice on 13th September, 1974.
Shri Hardhul Singh Ichhpujani Bhole Shri Randhir 3.
Phul Singh, Kewal Singh, Indraj Singh, H.R. Kapur and other respondents.
12 as amended from time to time.
The declaration of Shri Hardhul Singh Bhole sl.
A perusal of the letter as per Annexure P. 5 alongwith sub rules 2 and 3 of rule 5 and rule 11 of the Tahsildari Rules clearly show that by letter Annexure P. 5 the petitioner was merely accepted as a candidate for the post of Tahsildar.
In the case of candidates recruited otherwise are categorised as B class candidates the training period is fixed by the Financial Commissioner keeping in view candidates experience and qualification.
Consequent upon the declaration of the above A Class Tahsildar candidates as qualified for the post of Tahsildar, they are appointed as Tahsildars.
The Judgment of the Court was delivered by BAHARUL ISLAM, J. This is an application under Art.
The orders about their deployment against the posts of Tahsildars are being issued separately.
Standing Order No.
1398/77, in the High Court of Punjab and Haryana but he withdrew it on a promise made by the Counsel of respondent number 1.
The petitioners substantive appointment was vide order dated 3.1.78 Annexure A to the Counter Affidavit which reads as Subject Declaration of A Class Tahsildar candidate under training as Naib Tahsildar as qualified for the post of Tahsildar.
Revenue Department.
emphasis added From Annexure A, it is clear that the date of the substantive appointment of the petitioner cannot be before 3.1.78.
GSR 160.
The special leave petition was also dismissed.
3896 E II 74/30535 Chandigarh, dated the 13th September, 1974 Subject Acceptance of class A Tahsildar candidate Haryana Civil Services Executive Branch and other services examinations 1972 73.
The companytention of the respondent is that by Annexure P. 5 the petitioner was number appointed to the post of Tahsildar but he was accepted as a Tahsildar candidate.
Initially the tahsildar candidates are number enrolled against any post, number are they appointed against any vacancy but they are appointed against vacancies after they have companypleted the training and passing the examination held.
1 hereinafter the respondent has filed a companynter affidavit.
Annexure P. 5 itself has mentioned the terms and companyditions of the service namely training, passing of departmental examination and probation to be governed by the Tahsildari Rules and Standing Order No.
The Special Leave Petition was allowed to be withdrawn by this Court with liberty to the petitioner to file a Regular Writ Petition under Article 32 of the Constitution by Order dated 27.8.79.
4475 of 1979, was filed before this Court.
309/ Amd 2 76, dated the 4th August, 1976.
Fulfillments of these terms and companyditions by a candidate were companyditions precedent to his appointment.
He then filed an application for review before this Court.
His date of appointment as Tahsildar will be 27th May 1973.
Haryana.
He then filed CWP No.
The petitioner has thus filed the present writ application.
A candidate had to fulfil the terms and companyditions named in the letter before his appointment to the post of Tahsildar.
The terms and companyditions were to undergo a period of training to pass a departmental examination.
The petitioner then filed an application before the single Judge of the High Court of Punjab and Haryana for the review of his judgment but it was dismissed in April, 1979.
Annexure P. 5 has numberhere mentioned that the petitioner was appointed as a Tahsildar.
Shri Nepal Singh Tanwar, under training as Naib Tahsildar, Rawal.
Against that order a special leave petition, being S.L.P. Civil No.
ORIGINAL JURISDICTION Writ Petition No.
During the period of their training they shall draw pay at the rate of the minimum of the time scale of the post of Tahsildar of Rs.
12 as amended from time to time.
Shri Randhir Singh Dhull, a Class Tahsildar is allowed the benefit of service rendered by him in the Army during the National Emergency as an Emergency Commissioned Officer for the period from 29th April 1963 to 10th January, 1968 towards seniority and his seniority is fixed immediately below Shri Jaswant Singh Rajput among the A class Tahsildars.
Respondent No.
The procedure is that candidates for the post of Tahsildar are required under para 4 1 of the Standing Order No.
GSR 182/Const.
According to the respondent the petitioner was accepted by the Financial Commissioner, Haryana, as a candidate, for the post of Tahsildar in the State of Haryana on 13th September, 1974 as per Annexure P. 5.
Their appointment as Tahsildar shall take effect from the date they assume charge of those posts.
12 hereinafter the Standing Order issued by the Financial Commissioners read with Rule 5 of the Punjab Tahsildari Rules 1932, hereinafter the Tahsildari Rules to undergo training for a period of three years in the case of directly recruited candidates categorised as A Class.
As the respondent number 1 did number favourably react to the representations made by the petitioner, he filed a Writ Petition, being W. P. No.
His further allegation is that while he has been deprived of his dues mentioned above, respondent number.
The petitioner alleges that while respondent number 1 did number tag the petitioners period of military service towards his seniority promotion and increment, respondent number 1 gave similar facilities to Capt.
Further his pay is fixed at Rs.
The petitioner then filed a special leave petition before this Court.
Their appointment as Tahsildars will be governed by the Punjab Tahsildari Rules, 1932, and the Financial Commissioners Standing Order No.
This case has a chequered career.
12, the Financial Commissioner, Revenue is pleased to declare the following A Class Tahsildar candidates as qualified for the post of Tahsildar Shri Amar Nath Ichhpujani, under training as Naib Tahsildar, Thanesar.
3 to 18, who were junior to him were promoted to be put above him.
The respondents case is that as the petitioner had been in service in Armed Forces from April 29, 1963 to January 10, 1968 on which date termination of the Emergency was declared under Art.
In addition to the companypletion of training, candidates are required to pass certain qualifying departmental examination before he is eligible to be appointed to the post of Tahsildar, temporary or permanent.
In other words, the Respondents companytention is that the petitioner was accepted as an Apprentice for appointment to the post of Tahsildar after he qualified in the Haryana Civil Service Executive Branch and Allied Services Examination held by the Haryana Public Service Commission in 1972 1973 in accordance with the rules in force for selection of A class Tahsildar apprentices.
The petitioner qualified himself for the post of Tahsildar after he had companypleted the prescribed training and successfully qualified in the departmental examination and he along with 6 others was appointed as Tahsildar in the post of Tahsildar by Order dated 3rd January 1978.
Shri Kamal Kumar Gupta, under training as Naib Tahsildar, Rohtak.
12, as amended from time to time.
1398 of 1977.
Shri Hardhul Singh Bhole, under training as Naib Tahsildar, Mohindergarh.
The petition for review was rejected but he was permitted by the High Court of Punjab and Haryana to file a fresh application.
The petitioner filed Letters Patent Appeal from the judgment of the single Judge.
The Letters Patent Appeal was also dismissed.
