ASHOK KUMAR Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 17.11.2011, Annexure P7 wherein respondent No.4 has been appointed as Lamberdar of Village Mussa Khera, Tehsil Tohana, District Fatehabad.

(2.) The petitioner was initially appointed as Lamberdar by the Collector on 09.06.2005 over and above Sukhdev Singh, respondent No.4. Sukhdev Singh had un-successfully challenged the said orders of the Collector, before the Commissioner and the Financial Commissioner. Eventually, Sukhdev Singh filed CWP No.19514 of 2009 wherein following order was passed on 07.12.2010:

(3.) In pursuance of the said order passed by this Court, the Financial Commissioner has allowed the revision petition of Sukhdev Singh, respondent No.4 and appointed him as Lamberdar. The reasoning given by the Financial Commissioner which has prevailed over the merits of the petitioner is that Sukhdev Singh is younger by 4 years and has an educational qualification of 12 th Class pass in comparison to the petitioner who is only 10 th Class pass. Sukhdev Singh also owns 256 kanals of land over 124 Kanals 5 marlas owned by the petitioner. Another major factor which has prevailed with the Financial Commissioner while allowing the revision petition is that Ashok Kumar, petitioner has constructed a house in Tohana and would not be available for the assistance of villagers, though the petitioner has stated that the house is only for better education of the children and he continues his interest with the land of the village. Accordingly, the impugned order had been passed.