KULDEEP SINGH Vs. FINANCIAL COMMISSIONER AND OTHERS

JUDGEMENT

(1.) The post of Lambardar of village Sohian, Tehsil and District Sangrur became available after the death of earlier Lambardar Sarwan Singh S/o Sampuran Singh on 15.06.1991. The process to fill up the vacant post started with the proclamation in the village on 21.04.2010 for inviting applications of the desiring candidates. In response, only two candidates, i.e. the petitioner and respondent No. 4 applied for the post and after taking into consideration their respective credentials, the Assistant Collector 2nd Grade recommended the name of respondent No. 4 vide his report dated 23.06.2010, followed by the recommendations of Sub Divisional Officer (Civil), Sangrur. The Collector, vide his order dated 09.03.2011, appointed respondent No. 4 as Lambardar. The petitioner challenged his appointment in appeal before the Divisional Commissioner, which was dismissed on 17.07.2012 and, thereafter, his revision was also dismissed by the Financial Commissioner on 13.02.2017.

(2.) The only argument raised by the counsel for the petitioner is that the Assistant Collector 2nd Grade, in his report dated 23.06.2010, has observed that respondent No. 4 was not having any land but his father, vide vasika No. 1088 dated 17.06.2010, transferred one acre of land in his favour.

(3.) Therefore, at the time when he filed the application, he was not owning any land and could not have been appointed as Lambardar of the village. In this regard, he has relied upon a Division Bench judgment of this Court rendered in the case of Mahender Singh v. Financial Commissioner, Haryana and others, 2007(1) LAR 542 to contend that the qualification of a candidate has to be considered which is acquired on or before the date of application and not thereafter.