JOGINDER SINGH Vs. ADC

JUDGEMENT

(1.) A new post of Chowkidar was created in the Village Shanna (Sarang Dev) Tehsil Ajnala, District Amritsar. Proclamation was conducted in the Village inviting applications for appointment to the post of Chowkidar. Three candidates including the petitioner submitted their applications and appeared before the SDM, Ajnala. After going through the record, the SDM Ajnala appointed petitioner as Chowkidar of Village on 29.07.2010. Since then petitioner claims to be performing the duties of Chowkidar with full dedication and sincerity without any complaint from any side. He is thus functioning for a year and half as Chowkidar.

(2.) Respondent No. 3 - Kashmir Singh has filed an appeal which he did not pursue and thus it was, accordingly, dismissed in default on 10.02.2011.

(3.) Respondent No. 3 has filed an affidavit stating that he was temporarily working as Chowkidar for the past some time, although he was never appointed even as temporary Chowkidar. As per the petitioner respondent was never appointed even temporary Chowkidar by any competent authority. Respondent No. 1 after setting aside the order passed by SDM has appointed respondent No. 3 as Chowkidar on the basis of affidavit filed by other Chowkidar namely Shinda who is none else but a relative of respondent No. 3. As per the petitioner, there is no rule which prescribes that being elder in age is a disqualification for being appointed as Chowkidar. He has accordingly, approached this Court through the present writ petition.