The term "heir" in R. 5(3) of the Tamil Nadu Village Offices Service Rules, 1970 refers only to the next heir entitled to succeed to the last office holder.

1. One Karuppanna Gounder, the grandfather of the petitioner was the permanent village headman of Keeranur village. Consequent on his death on 3rd October, 1970, applications were called for, for filling up the said vacancy on a permanent basis. There were altogether 10 applications, but the claims of all others except the petitioner and the fourth respondent were rejected. As between the petitioner and the fourth respondent, the third respondent, the appointing authority, preferred the fourth respondent for the appointment on the ground that though both satisfied all the requisite qualifications, the fourth respondent being younger and also jobless should be selected.

2. There was an appeal by the petitioner against the order of the third respondent to the District Revenue Officer, the second respondent herein. The said appeal was allowed by the District Revenue Officer on the ground that the fourth respondent was not shown to have sufficient property qualification and that the petitioner alone fulfilled all the requirements for appointments. The fourth respondent filed a revision before the first respondent contending that, the, second respondent has not considered properly his property qualification, The said revision was allowed and the first respondent remitted the matter to the second respondent for fresh disposal after giving a specific finding on the value of the property owned and possessed by the fourth respondent.

3. Subsequent to the order of remand, the second respondent held on the materials that the fourth respondent had the requisite property qualification. Having held that the fourth respondent also had the requisite qualification, he then proceeded to compare the claims of the petitioner as well as the fourth respondent. He held that though both are qualified to the post under the rules, the fourth respondent is to be preferred for the reason that he is younger and has better educational qualification. This order of the second respondent was taken in a revision before the Government, but without success.

4. The petitioner thereafter filed R.A. No. 404 of 1974 challenging the order of the second respondent preferring the fourth respondent for appointment as village officer. One of the grounds urged therein by the petitioner is that the second respondent failed to take into consideration the relationship of the petitioner, with the last office holder, which is a violation of R. 5(3) of the Tamil Nadu Village Offices Service Rules, 1970. This ground was upheld by this Court on the ground that as admittedly the petitioner is the grandson of the last Office holder, his claim that he is the heir of the last office holder should be considered under the said R. 5(3). In that view this Court set aside the order of the second respondent with a direction to reconsider the matter after taking into account the claim made by the petitioner under R. 5(3).

5. Thereafter, the second respondent considered the matter afresh and again selected the fourth respondent for the post of the village headman on the ground that the petitioner being only the grand son of the last office holder, he cannot claim to be the heir while his father is alive, under R. 5(3), and that the qualifications of the fourth respondent being superior to the petitioner, his appointment needs no interference. The view taken by the second respondent may be stated in his own words:

“I heard the arguments of the Advocate for the respondent. The Advocate for the respondent argued that the appellant. Is not heir of the last office holder, that he is the grandson of the last office holder and that when the appellants father and his 4 brothers are alive he cannot be considered to be the heir of the last office holder. According to Hindu Succession Act, schedule to Sec. 8, Cl. 1 the legal heirs are mentioned according to priority and according to that order of succession, the appellant cannot be considered as the heir of his grand father when his father an