DAYA RAM Vs. BHAGWAN AND ORS.

JUDGEMENT

(1.) Daya Ram has filed this intra -court appeal under Clause X of the Letters Patent against the order dated 10.10.2014 passed by the learned Single Judge, whereby the writ petition (C.W.P. No. 4961 of 2014) filed by Sri Bhagwan (respondent No. 1 herein) was allowed; and the order dated 20.02.2014 (Annexure P -3) passed by the Financial Commissioner, Haryana was set aside, whereas the orders dated 04.09.2012 (Annexure P -1) and 26.09.2013 (Annexure P -2) passed by Collector, Rewari and Commissioner, Gurgaon Division, Gurgaon, respectively, were restored. The appellant has also challenged the order dated 27.11.2014 passed by the learned Single Judge dismissing the review application (RA -CWP -610 of 2014 in C.W.P. No. 4961 of 2014) filed by the appellant. We have heard learned counsel for the parties and have gone through the orders passed by the revenue authorities as well as the impugned order passed by the learned Single Judge.

(2.) In this case, on the death of previous Lambardar of village Palhawas, District Rewari, process for filling up the vacant post was initiated. Proclamation to this effect was made in the village. Seven persons, including the appellant and respondent No. 1, applied for the post. Collector, Rewari, after considering the comparative merits of all the candidates, vide order dated 04.09.2012 (Annexure P -1) appointed respondent No. 1 as Lambardar of the village, finding him more meritorious, while observing as under:

(3.) Against the said order, the appellant and one Jaldeep Singh, another candidate for the post of Lambardar, preferred separate appeals. The Commissioner, Gurgaon Division, Gurgaon, vide order dated 26.09.2013 (Annexure P -2) dismissed both the appeals and upheld the order of the Collector, while observing as under: -