LAWS(P&H)-2011-3-1004

JAGJIT SINGH Vs. STATE OF PUNJAB AND OTHERS

Decided On March 09, 2011
JAGJIT SINGH Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) Jagjit Singh, the unsuccessful candidate for appointment on the post of Lambardar of village Dhada, Tehsil and District Jalandhar, has filed this Letters Patent Appeal, challenging the order dated 9.2.2010, passed by the learned Single Judge, whereby his writ petition (CWP No. 47 of 2008), praying for quashing the order dated 17.10.2007, passed by the Financial Commissioner, Animal Husbandry, Punjab, Chandigarh, has been dismissed.

(2.) Though this appeal is barred by limitation and the appellant has filed an application (CM No. 1225 of 2011), duly supported by an affidavit, for condoning the delay of 290 days in re-filing the appeal, and another application (CM No. 1224 of 2011), duly supported by an affidavit, for condoning the delay of 8 days in filing the appeal, but we have heard learned counsel for the appellants on merits.

(3.) The instant case pertains to the appointment of Lambardar of village Dhada, Tehsil and District Jalandhar. The said post of Lambardar fell vacant on account of the death of the previous Lambardar. This post was reserved for the Scheduled Caste community. The appellant, respondent No.5 Hazara Ram and five other persons, were the contestants for the post. The Collector, Jalandhar, who was the appointing authority, while taking into consideration the recommendation of Naib Tehsildar, Bhogpur and the Sub Divisional Magistrate, Jalandhar, and while considering the comparative merits of all the candidates, appointed respondent No.5 as Lambardar of the village, vide his order dated 29.1.2004 (Annexure P-6).