Civil post under the State: Mauzadar status attracted Article 311(2) despite part-time work and no fixed salary.

A Mauzadar in the Assam Valley was treated as holding a civil post under the State because the office involved appointment and removal by the State, administrative supervision, remuneration from State funds, and the discharge of continuing public duties attached to the office. The Court applied the test of whether the post had the incidents of State employment and found that delegated revenue and allied governmental functions, maintenance of official records, and control by the Deputy Commissioner supported civil-post status. The absence of a fixed salary and the part-time character of the office did not negate that conclusion. The Mauzadar was therefore held entitled to protection under Article 311(2).

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Issues: Whether a Mauzadar in the Assam Valley holds a civil post under the State of Assam and is entitled to the protection of Article 311(2) of the Constitution.

Analysis: The decisive test was whether the office bore the incidents of a post under the State, namely appointment and removal by the State, supervision and control in the discharge of duties, remuneration by the State, and the existence of duties attached to an office which survives independently of the incumbent. On the facts, a Mauzadar was appointed and could be suspended or dismissed by the Deputy Commissioner subject to higher approval, worked under administrative control, performed revenue and allied public duties, maintained official records, and exercised delegated governmental functions. The Court held that the absence of a fixed salary or the fact that the office could be part-time did not negatives the existence of a civil post.

Conclusion: A Mauzadar in the Assam Valley holds a civil post under the State and is entitled to the protection of Article 311(2) of the Constitution.

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