BHOLA SINGH Vs. FINANCIAL COMMISSIONER, PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has challenged the appointment of respondent no.4 to the post of Lambardar of village Baghapurana, Patti Bagha, District Moga, which became available due to dismissal of the earlier Lambardar Nirmal Singh S/o Jagir Singh.

(2.) Counsel for the petitioner has submitted that the petitioner is 45 years of age, whereas respondent no.4 is 60 years of age and, therefore, he should have been given preference by the appointing authority and in this regard, he has relied upon a decision of the Supreme Court rendered in the case of Mahavir Singh v. Khiali Ram & Ors., 2009(1) RCR. (Civil) 757.

(3.) In brief, there were seven candidates in the fray including the petitioner and respondent no.4. As many as 5 candidates withdrew their candidature in favour of respondent no.4. However, the SDM, Baghapurana recommended the name of the petitioner to the Collector for appointment. The Collector, Moga, after considering the inter se merits of the petitioner and respondent no.4, found respondent no.4 more suitable for the said post and appointed him as such. The findings recorded by the Collector in this regard are reproduced as under:-