BIJA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal lays challenge to order dated 09.01.2013, dismissing the writ petition filed by the appellant. Counsel for the appellant submits that the appellant was appointed as Lambardar of village Sarai Sukhi, Tehsil Thanesar, District Kurukshetra, vide order dated 29.11.2005, passed by the District Collector, Kurukshetra. Appeal filed by respondent No. 6 was dismissed by the Commissioner, Ambala Division, Ambala. The Financial Commissioner, also dismissed the revision preferred by respondent No. 6. Respondent No. 6 filed Civil Writ Petition No. 11505 of 2009, which was allowed, vide order dated 16.08.2010 and the matter was remitted to the Financial Commissioner to pass a fresh order in the light of observations made in the order. The Financial Commissioner, vide order dated 07.12.2010, set aside order dated 11.04.2007, passed by the Commissioner, Ambala Division, Ambala and remanded the case to the Commissioner for passing a fresh order after hearing both parties. The Commissioner, vide order dated 02.05.2012, found both candidates ineligible for the post of Lambardar and remanded the matter to the Assistant Collector, IInd Grade, Thanesar, for inviting fresh applications from the eligible persons.

(2.) It is submitted that the appellant never submitted any application, requesting for issuance of 'Below Poverty Line' (BPL) card or incorporating his name in the list of BPL families. According to counsel, it is established that the name of the appellant was included in the list of BPL families on the basis of a survey conducted by the State Government and as soon as the appellant learnt about this error, he submitted an application and his name was deleted from the list of BLP families. It is further argued that as the Commissioner has held that the appellant is ineligible for being considered for the post of Lambardar, a great prejudice has been caused to him without any mistake or fault on his part.

(3.) We have heard counsel for the appellant and perused the records.