CHARANJIT SINGH Vs. FINANCIAL COMMISSIONER REVENUE (APPEALS

JUDGEMENT

(1.) The office of Lambardar of village Kohja, Tehsil Jalandhar-2, District Jalandhar of General category fell vacant on the demise of previous Lambardar Sohan Singh. In order to fill up the said vacant post, applications were invited through proclamation, pursuant to which six persons including the petitioner and respondent no.4 applied for the said post. The Naib Tehsildar, Bhogpur and the SDM, Jalandhar-2, recommended name of respondent no. 4 to the Collector for his appointment as a Lambardar. The Collector, Jalandhar, vide his order dated 31.07.2014, found respondent no.4 more suitable and concurring with the recommendations made by the Naib Tehsildar, Bhogpur and the SDM, Jalandhar-2, appointed him as Lambardar.

(2.) The petitioner was not found suitable by the Collector as he was found working as a Guard in State Bank of Patiala, Nasrala, District Hoshiarpur and according to him, he would not be available to the residents of the village when his services would be required by the inhabitants of the village as well as by the revenue or police authorities. The appeal filed by the petitioner to the Divisional Commissioner was dismissed on 25.07.2016 and his revision before the Financial Commissioner was also dismissed on 28.02017.

(3.) Counsel for the petitioner has submitted that the petitioner is younger in age than respondent no. 4 and his being in service is not a disqualification for appointment to the post of Lambardar. In support of his submission, he has relied upon two Division Bench judgments of this Court rendered in the cases of Amarjeet Singh v. Financial Commissioner Appeals and others, 2000 (2) PLJ 456, Sukhminder Singh v. Financial Commissioner, 1992 (2) PLR 73, and a Single Bench judgment of the this Court rendered in the case of Bishan Dass v. Financial Commissioner etc., 2009 (2) L.A.R. 112. In respect of the appointment of a Lambardar of a younger age, he has relied upon a judgment of the Supreme Court rendered in the case of Mahavir Singh v. Khiali Ram and others, 2009 (3) SCC 439, and a Single Bench judgment of this Court rendered in the case of Nirmala Devi v. State of Punjab and others, 2017 (2) R.C.R. (Civil) 19.