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Sunday, 2 October 2011

Hereditary claim

Appointment of Lambardar – As the Collector granted the benefit of hereditary claim to the petitioner and ignored the better qualifications of respondent, the Commissioner rightly set aside the appointment of the petitioner and appointed respondent as the Lambardar. Satish Kumar v. State of Haryana and others, 2011(1) L.A.R. 607 (P&H).
Appointment of Lambardar – In Karnail Singh’s case, 1973 PLJ 676 it was held by Division Bench that preferential right to appointment on the basis of his hereditary claim is violative of Article 14 of the Constitution – Findings in Harsharan Singh's case, 2009(1) RCR (Civil) 909 that precedence is to be accorded to hereditary claims being contrary to the Division Bench judgment cannot be cited as a binding precedent. Satish Kumar v. State of Haryana and others, 2011(1) L.A.R. 607 (P&H).
Appointment of Lambardar -- Petitioner’s father was sarbrah lambardar and his grand-father was a lambardar, but he had no experience of working as a lambardar – Accordingly, petitioner’s inheridatory claim for lambardari was not required to be taken into consideration. Rajinder Singh v. Pipal Singh, 2011(1) L.A.R. 88 (FC Pb.).

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