GIAN SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) - Gurdeep Singh, Lamberdar of village Naushera, Tehsil and District Hoshiarpur, died on 15.10.1997, giving rise to the situation for selecting a new Lamberdar for the aforesaid village. The Naib Tehsildar, Bhunga, accordingly, initiated proceedings for filling up the post of Lamberdar for village Naushera, by issuing a proclamation inviting applications from willing and eligible candidates. In response to the aforesaid proclamation, eleven candidates applied for appointment as Lamberdar. The Tehsildar, Bhunga, recommended the name of Kulwinder Singh (one of the eleven candidates) for the post of Lamberdar and forwarded the same to the Sub Divisional Magistrate, Hoshiarpur. The District Collector, Hoshiarpur, having considered the comparative merits of the rival candidates, appointed Gian Singh (the petitioner herein) as Lamberdar, by his order dated 23.11.2004.

(2.) SATNAM Singh (respondent No. 4), dissatisfied with the order dated 23.11.2004, whereby Gian Singh was appointed as Lamberdar, preferred an appeal before the Commissioner, Jalandhar Division, Jalandhar. The aforesaid appeal was accepted. The appointment of Gian Singh as Lamberdar was set aside. In the place of Gian Singh, the Appellate Authority ordered the appointment of Satnam Singh as Lamberdar. In so far as the decision of the Appellate Authority is concerned, it would be pertinent to mention, that besides comparing the merits of the rival candidates, the Appellate Authority expressly noticed that Gian Singh was more than 67 years old and had weak knees, and was, as such, not suitable for discharging the duties of the post of Lamberdar.

(3.) THE order passed by the Appellate Authority dated 29.7.2006, as well as, by the Revisional Authority dated 30.4.2008 are subject matter of challenge at the hands of Gian Singh through the instant writ petition.