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HC: Naib tehsildars with 8-year service fit for HCS nomination

November 22, 2019 06:07 AM

Dismisses Pleas Filed By District Revenue Officers


The Punjab and Haryana high court has upheld the 2017 rules making a revenue officer with eight years’ service as naib tehsildar eligible for nomination to the Haryana Civil Services (executive branch) under register A-1 from the revenue department officers.

While upholding the rules, the HC has relied on the fact that the Haryana government has granted the Class-II/gazetted officer status to naib tehsildar and the similarity in the profile of tehsildars and naib tehsildars.

A division bench, comprising Justice Rajiv Sharma and Justice H S Sidhu, passed these orders while dismissing a bunch of petitions filed by district revenue officers (DROs) or tehsildars in Haryana.

The bench observed that if the argument of the petitioners is accepted then even the inclusion of tehsildars and DROs will have to be held to be illegal and arbitrary.

The petitioners had sought directions to set aside the February 17, 2017, notification regarding selection of Haryana Civil Services (executive branch) under register A-1 from revenue department officers.

Petitioners had submitted that as per the HCS (executive branch), rules, 2008, for the appointment to the HCS (executive branch) under register A-1, the eligibility was eight years’ continuous service as DRO/tehsildars. However, the February 17 notification included service rendered as naib tehsildar.

Challenging the new rules, the petitioner submitted, “In this manner, unequal have been treated equally. The cadres of tehsildars and naib tehsildars are different and the cadre of naib tehsildar serves as a feeder cadre for promotion to the post of tehsildar.”

Justifying the inclusion of experience/service rendered as naib tehsildars for eight years’ continuous service, the state government had submitted that from January 18, 2006, the naib tehsildars were granted Class-II/gazetted status by the government and the power and duties of tehsildars and naib tehsildars were of similar nature.

It was also submitted by the state that if the tehsildars object to the inclusion of the naib tehsildars, the DROs may have a similar grievance against the tehsildars who are a feeder post for DROs

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