SUBHASH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order proposes to decide these two identical writ petitions bearing CWP Nos. 10700 of 2011 (Subhash Chand v. State of Haryana and others) and CWP No. 19631 of 2011 (Rajbir v. State of Haryana and others), having been filed against the same impugned orders. The matter pertains to the appointment of Lambardar. However, for the facility of reference, the facts are being culled out from CWP No. 10700 of 2011. The brief facts, necessary for disposal of these writ petitions, are that consequent upon the death of earlier Lambardar, Sh. Nathi Singh, one post of Lambardar fell vacant in the village of the parties. Process was initiated to fill up this post. Sub Divisional Officer (Civil) recommended the name of Smt. Geeta Singh -respondent No. 2 for appointment to the post of Lambardar. After a careful comparison of the merits of the candidates, District Collector, Palwal, vide his order dated 18.1.2010 (Annexure P -1), appointed Smt. Geeta Singh -respondent No. 2 to the post of Lambardar of village Garhi Patti Hodal.

(2.) DISSATISFIED , three appeals were filed before the Commissioner. One by Rajbir -petitioner in CWP No. 19631 of 2011, who is respondent No. 3 in CWP No. 10700 of 2011 and the second appeal was filed by Smt. Shashi respondent No. 4 herein, whereas the third appeal was filed by the present petitioner Subhash Chand. Appeals of Rajbir and Smt. Shashi did not find favour with the Commissioner, Gurgaon Division, whereas appeal of petitioner Subhash Chand was accepted, vide his order dated 14.9.2010 (Annexure P -2) remanding the case to the District Collector, Palwal, with a direction to appoint Subhash Chand - petitioner as the Lambardar.

(3.) FEELING aggrieved against the above said orders passed by the Financial Commissioner, Revenue, Haryana, these two writ petitions have been filed invoking the writ jurisdiction of this court, under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari, for quashing the impugned orders.