RAM KUMAR Vs. FINANCIAL COMMISSIONER HARYANA

JUDGEMENT

(1.) THE appellant lays challenge to order dated 17.08.2012, allowing the writ petition filed by contesting respondent No. 4, while setting aside the order passed by the Commissioner and the Financial Commissioner qua appointment of the appellant as Lambardar of village Ram Saran Majra, Tehsil Thanesar, District Kurukshetra.

(2.) COUNSEL for the appellant submits that respondent No. 4 (Rati Ram) is more than 70 years of age and is illiterate. The appointment of Rati Ram as Lambardar of the village by the District Collector, Kurukshetra, was set aside by the Commissioner, Ambala Division, Ambala, who held that the appellant being more meritorious in view of his younger age, educational qualifications and reputation etc., is fit and suitable to be appointed as Lambardar of the village. The order passed by the Commissioner, Ambala Division, Ambala, was affirmed by the Financial Commissioner, Haryana, in a revision, preferred by Rati Ram. The order passed by the Financial Commissioner was challenged before this Court by way of writ petition and the case was remanded to the Financial Commissioner, for a decision afresh, after taking into account the age of Rati Ram, his educational qualifications and service rendered by him as an ex-serviceman. It is argued with vehemence that the Financial Commissioner, has, after due consideration of the mater, in the light of directions, issued by this Court, held in favour of the appellant as he was found to be a better candidate keeping in view his younger age and his being educationally qualified being 8th class pass. Rati Ram had only one factor in his favour that he is an ex-serviceman. According to counsel, old age of respondent No. 4 certainly renders him unfit and unsuitable to be appointed as Lambardar of the village as Lambardar has to do lot of running around in discharge of his official duties.

(3.) WE have heard counsel for the parties, perused the impugned order and the order passed by the Financial Commissioner, but find no reason to accept the appeal.