HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The short but important issue that falls for consideration of this Court is whether a man of 80 years should be considered for appointment to the post of Lambardar. The petitioner challenges the order dated 4.10.2012 (Annexure P-5) passed by the Financial Commissioner, Punjab whereby the order dated 25.7.2011 (Annexure P-4) passed by the Commissioner, Jalandhar Division, was set aside, restoring the order dated 25.2.2010 (Annexure P-3) passed by the District Collector, Shaheed Bhagat Singh Nagar, appointing respondent No. 5 as Lambardar.

(2.) Brief facts of the case are that on the death of late Sh. Sucha Singh, one post of Lambardar fell vacant in the village of the parties. Proceedings were initiated to fill up this post. Tehsildar as well as Sub Divisional Magistrate recommended the name of respondent No. 5 for appointment to the post of the Lambardar. After evaluating comparative merits of the candidates, the District Collector, vide his order dated 25.2.2010, appointed Jaswinder Singh-respondent No. 5 as Lambardar. Dissatisfied, the petitioner filed his appeal before the Commissioner which was allowed appointing the petitioner as Lambardar, vide order 25.7.2011 (Annexure P-4). The order passed by the Commissioner was challenged by respondent No. 5 before the Financial Commissioner, who allowed the appeal of respondent No. 5 by passing impugned order dated 4.10.2012 (Annexure P-5), vide which order passed by the Commissioner was set aside and the order passed by the District Collector was restored.

(3.) Feeling aggrieved, the petitioner has approached this Court, by way of instant petition under Article 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari, for quashing of the impugned order.