Position Of "Lambardar" Is A Civil Post, Dismissal Or Removal Attracts Article 311 Of Constitution: Punjab & Haryana High Court

The Punjab & Haryana High Court has held that the post of Lambardar is a civil post and his dismissal or removal attracts the provisions of Article 311 of the Constitution.Justice Sureshwar Thakur and Justice Kirti Singh said that a Lambardar who occupies a civil post, thus cannot claim eligibility for his being appointed against some other civil post.These observations were made while hearing a reference question, "whether in case the post of Lambardar is a civil post and his dismissal or removal also attracts the provisions of Article 311 of the Constitution of India which are attracted to the cases of other government servants...and, also the Lambardar is paid remuneration, the said person, who is holding a civil post as Lambardar, can be appointed to another government job/civil post?"After analysing the submissions, the Court summarised that a person would be deemed to be holding a civil post in terms of Article 311 of the Constitution of India upon satisfaction being made vis-a-vis:a) There existing a relationship of master and servant between the State, and the person concerned, wherebys the person concerned, can be stated to be holding a civil post. b) The existence of such a relationship becomes indicated thereins to become sparked, thus from the State's right to select and appoint the holder of the post.c) The right to suspend and dismiss him.d) The right to control the manner and method of his working.e) The payment of his wages or remuneration(s). While applying the ruling of Apex Court in State of Assam and others V. Kanak Chandra Dutta [Civil Appeal No.254 of 1964], the Court said the following points needs to be looked into:a) The duties to be performed by the Lambardar/ village Headman appointed in the State of Punjab; b) The duties to be performed by the village Headman and or the by the Lambardar, stand detailed in Rule 15 of the Rules of 1909. In Kanak Chandra Dutta's case the Supreme Court held that Mauzadars in the Assam Valley are appointed Revenue Officers and ex officio Assistant Settlement Officers. Originally, a Mauzadar may have been a revenue farmer and an independent contractor. But having regard to the existing system of his recruitment, employment and functions, he is a servant and a holder of a civil post under the State.Drawing analogy from the above verdict, the Court said the ruling will be applicable on the post of Lambardar in Haryana and Punjab.Speaking for the bench, Justice Sureshwar Thakur said, "the post of Lambardar both in the State of Punjab/Haryana is declared to be of a civil post, thus in terms of the decision made by Apex Court in (supra) judgment."The bench concluded that, "the post of Lambardar is heritable and if the successor of the deceased Lambardar rather is a minor, thereupon there is permissibility for the appointment of a Sarbrah Lambardar. Moreover, since this Court has stated that the post of a Lambardar in the State of Punjab/Haryana is a civil post, therebys a Lambardar who is appointed to such a civil post rather is barred to become appointed to another civil post." Mr.Vineet Chaudhary, Advocate for the petitioner.Mr. P.P. Chahar, Sr. DAG, Haryana.Title: Subhash Chand v. Financial Commissioner, Haryana and othersCitation: 2025 LiveLaw (PH) 32Click here to read/download the order

Position Of "Lambardar" Is A Civil Post, Dismissal Or Removal Attracts Article 311 Of Constitution: Punjab & Haryana High Court

Aiman J. Chishti

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