TEK SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Challenge in this petition is to Order dated 4.8.2010 (Annexure P-9) passed by the Financial Commissioner. Post of Lambardar from Scheduled Caste category fell vacant for village Langrian, Tehsil Malerkotla, District Sangrur. Munadi was conducted. Only the petitioner applied for the post. Respondent No.5 (Jagtar Singh) subsequently applied after due date before the higher authorities. Name of private respondent namely Jagtar Singh was also considered. Name of the petitioner was recommended by the revenue officials. The petitioner was appointed as Lambardar by respondent No.4 i.e. District Collector, Sangrur, vide Order dated 10.6.2005 (Annexure P-2).

(2.) Order Annexure P-2 came to be challenged at the instance of respondent No.5. The case was remanded back to the Collector for reconsideration vide Order dated 31.1.2006 (Annexure P-3) passed by the Divisional Commissioner, Patiala Division, Patiala, considering the fact that petitioner was working in Punjab State Electricity Board as Line-man and there was a possibility of his transfer. In these circumstances, availability of the petitioner in the village to serve the villagers is required to be seen.

(3.) The order was challenged in revision before the Financial Commissioner by the petitioner as also the private respondent. Vide Order dated 4.7.2007 (Annexure P-4), the Financial Commissioner dismissed both the petitions. It has been held that order of remand to the effect that petitioner would continue as Lambardar in case he is able to satisfy the Collector about his availability in the village, has been upheld. In case, the petitioner is not able to satisfy the Collector, a fresh proclamation for filling up the post would be made and all eligible candidates including respondent No.5 would be at liberty to apply.