PARTAP SINGH Vs. COLLECTOR, JULLUNDUR

JUDGEMENT

(1.) Partap Singh petitioner is a permanent Patwari since 1922 and his tenure of service is governed by paragraph 3.55 of the Punjab Land Records Manual (as corrected by correction slip No. 59-IMS, dated February 19, 1955) which reads as follows :-

(2.) In the written statement of the respondents extension of the petitioner's service for one year only at a time after his attaining the age of 60 years has been justified on the ground that he was declared medically fit only for one year at a time. The respondents appear to have misunderstood the scope of paragraph 3.55 of the Punjab Land Records Manual . The condition of petitioner's service contained in the said paragraph clearly enjoined on the Government a duty not to retire a patwari appointed before the 1st of January, 1937 "merely on account of old age." The only circumstance in which a patwari recruited before the observed date can be retired after attaining the age of 60 and before attaining the age of 65 (except in cases covered by clauses (i) and (ii) of the said paragraph which do not admittedly apply to this case) as stipulated in the relevant rule (which has already been quoted) is when a Patwari is found "unfit" for work as a result of strict test of efficiency applied by the Collector. The right under the rule can no doubt be lost on the intervention of supervening circumstances like evidence of medical, mental or other incapacity being proved during the relevant period, i.e. after a Patwari attains the age of 60 and before he is 65. The intention of the rule seems to be that once a Patwari of the category in question has been found to be "not unfit" in the efficiency test held after he attains the age of 60, he is entitled as of right to continue in service till the age of 65 unless the Collector gets evidence of his having subsequently become unfit. Addition of words "or beyond" after "65 years" indicates that the Collector may hold a fresh efficiency test after a patwari attains the page of 65 and may on the basis of the same, permit the Patwari to continue even beyond that age for any definite period that he may specify. If any doubts occurs in the mind of the Collector about the continued efficiency or medical fitness of a Patwari after he has once been allowed to continue after attaining the age of 60 years, it is no doubt for the Collector to test his efficiency or to get him medically tested again, but in the absence of any proof of his having become inefficienct or medically unfit, the rule does not appear to permit the services of a Patwari being terminated otherwise than in accordance with Article 311(2) of the Constitution after his service has been allowed to be extended beyond the age of 60 years and before he attains the age of 65 years if his case otherwise falls within paragraph 3.55 of the Punjab Land Records Manual . For all practical purposes, this case appears to fall within the dictum of my judgment in Bakshish Singh Patwari v. The Collector, Jullundur and another,1968 SLR 242.

(3.) I, therefore, allow this writ petition, set aside the order of the Collector dated March 31, 1967 (Annexure 'A') which was communicated to the Tahsildar, Nakodar, by the Sub-Divisional Officer, Nakodar, and hold that the petitioner is entitled to continue in service as Patwari till he attains the age of 65 years unless in the meantime as a result of a further efficiency test or as a result of medical test he is found to have become inefficienct or medically unfit to continue in service. I make no order as to costs.