Nov - High Court of Judicature at Allahabad

1040 INDIAN LAW REPORTS ALLAHABAD SERIES [2009
Fasals but the chart was submitted by
Tahsildars not based on the Fasals but
Fasalis i.e. the year which includes both
the Fasals namely, Ravi and Kharif. The
Selection Committee was also aware of
this fact that it has to consider recovery
performance of last four Fasals but
thereafter it has clearly erred by not
confining to consider performance with
respect to recovery in last four Fasals but
has taken the aforesaid chart to be
correct without noticing the fact that the
chart (Annexure-CA-2) was prepared on
the basis of last four Fasalis and not on
the basis of last four Fasals. One Fasali
year has more than one Fasal. It is not the
entire Fasali year but last four Fasals
performance ought to have been
considered by the Selection Committee. It
has considered performance of the
candidates beyond the period for which it
is provided under Rule 5(1) of 1974
Rules."
14. The above judgement was taken
in Special Appeal No. 294 of 2008,
Manbodh Vs. State of U.P. and others
connected with Special Appeal No. 398 of
2008, Dev Kumar Vs. State of U.P. and
others, decided on 17.07.2009 and the
Hon'ble Division Bench while dismissing
both the above appeals and confirming the
judgment under appeal held as under:
"In our considered opinion, the
learned Judge was perfectly justified in
arriving at the findings on the basis of
material available on record and
thereafter concluding that the selections
had been made contrary to the provisions
contained in Rule 5 (1) read with Rule 17
(A) of the Rules. In support of the
conclusion drawn, the learned Judge has
very succinctly and appropriately drawn
the distinction between the words "Fasal"
and "Fasali". The meaning of the said
words are defined in the Law Lexicon
1997 Edition at page 713, which read as
follows:-
"Fasl. (A.) Harvest; fasli-jyasti, faslkami.
(M.) Addition or reduction in the
revenue on account of double crops, or
the loss of one. (Bad. Pow. iii. 99)
Fasli. Of or belonging to a harvest;
the Mahommadan official era. (Bad. Pow.
II. 13, 14)
Agricultural lease in which the word
'Fasli' is used unless there are indications
that the intention of the parties was to use
the word in its strict sense, should be held
to be for the agricultural year. (LR 2 A.
139 (Rev.)
Fasli or Fusli. What relates to the
seasons; the harvest year. (Mac. Mhn.
Law.) The name of an era instituted by
Akbar, who made the samwat year agree
with that of the hijra by arbitrarily cutting
649 years off from the former. This was
done in the year 963 of the hijra which
year was therefore also 963 fasli; but fasli
or harvest year was necessarily counted
according to the seasons while that of the
hijra is the lunar year of only 354 days.
Thus a difference of several years has
arisen between the hijra year and the fasli
year. (See also 1896 AWN 123).
Fasli-jasti (Tel.) An extra crop, one
more than usual; an extra cess imposed
on land bearing more than one annual
crop."
The aforesaid definitions would,
therefore, reflect that the word Fasal
means crop whereas the word Fasali is
related to the revenue year, which
ordinarily in the State of Uttar Pradesh
comprises of two harvest seasons - the
Kharif and the Rabi. Learned counsel for
the appellants could not point out any
material to the contrary to persuade us to
opine otherwise.