Punjab and Haryana HC declares Lambardar civil post, bars dual appointments

The Punjab and Haryana High Court has ruled that the post of Lambardar in Punjab and Haryana is a civil post. It held the position to be heritable and allowed the appointment of a Sarbrah Lambardar as a temporary arrangement and if the successor of a deceased Lambardar was a minor. The court further clarified that a Lambardar, as the holder of a civil post, could not be appointed to any other civil post.

The judgment by the Bench of Justice Sureshwar Thakur and Justice Kirti Singh has its genesis in a reference made to a larger Bench by a Single Bench. In its order dated December 6, 2017, the Single Bench had posed two legal questions – whether the dismissal or removal of a Lambardar attracted the provisions of Article 311 applicable to other government servants, and whether a Lambardar holding a civil post could simultaneously hold another government job or post?

The other question was whether a government employee could act as a Lambardar through a substitute or Sarbrah Lambardar under the provisions of the Punjab Land Revenue Rules.

Article 311 of the Indian Constitution provides civil servants with safeguards against arbitrary dismissal, removal or demotion by ensuring that such actions cannot be taken without a proper inquiry and an opportunity for the individual concerned to be heard.  The protection upholds the principles of natural justice and maintains the independence and impartiality of the civil services.

Taking up the matter, the Bench referred to a Supreme Court judgment concerning Mauzadars in Assam to determine whether the post of Lambardar met the criteria for a civil post. Available information suggests a Mauzadar is a public servant who collects taxes and manages administrative duties in a revenue unit called a Mouza.

In the Assam case, the Mauzadar, responsible for collecting land revenue on behalf of the state, was deemed to hold a civil post based on several criteria –– the relationship of master and servant between the State and the appointee, the state's authority to appoint, suspend, and dismiss the appointee, the State's control over the appointee's duties, and the remuneration paid for the services rendered.

Applying the same parameters, the court examined the duties and conditions of appointment of Lambardars under the Punjab Land Revenue Rules. It noted that the District Collector appointed and could dismiss Lambardars. Their duties included assisting the State in administrative functions, which aligned with the functions performed by the Mauzadar in Assam. Remuneration for Lambardars included a portion of the village officer’s cess, analogous to the commissions received by the Mauzadar.

Based on this analysis, the court held that the Lambardar’s post satisfied the criteria for a civil post. Consequently, Lambardars were entitled to the protections and restrictions associated with civil posts under Article 311.