RATTAN SINGH Vs. FINANCIAL COMMISSIONER HARYANA

JUDGEMENT

(1.) This case has a chequered history, which started with inviting the applications in the year 2003 for appointment of a Backward Class Lambardar of Village Gohana upon the death of Risal Singh, a Backward Class Lambardar, who expired in the year 2001. Lambardari belongs to five villages i.e. Gohana, Wazirpura, Nanah Nagar, Sainipura and Dariyapur. Four candidates applied for the said post. The lower revenue officials recommended the name of Mahavir Singh for appointment to the said post. Collector, on consideration of the respective claims, passed an order dated 27.04.2006 (Annexure P-1) appointing Mahavir Singhrespondent No.4 after referring to the respective merits of the candidates.

(2.) Petitioner-Rattan Singh and Laxman, who was another candidate, filed executive appeals before the Commissioner, Rohtak Division, Rohtak. Commissioner, Rohtak Division, Rohtak, on considering the submissions made by the parties, remanded the case back to the Collector for fresh decision as the said authority was of the view that there is no provision for appointing a Sarbrah Lambardar under Rules 15 and 19- C of The Punjab Land Revenue Rules (hereinafter referred to as 'Revenue Rules'), and the experience of Sarbrah Lambardar under Backward Class Lambardari cannot be given much weightage. Similarly, the principle of hereditary is also of no relevance in the light of the settled law on this aspect, which it was concluded has been taken into consideration and weighed in favour of Mahavir Singh-respondent No.4 herein. Further it was observed that the other contribution of the candidates should also be taken into consideration apart from the other factors.

(3.) This order was challenged by respondent No.4-Mahavir Singh by filing an appeal before the Financial Commissioner and the same was allowed vide order dated 20.08.2007, whereby the order passed by the Commissioner was set aside and that of the Collector upheld. Review Application was preferred by the petitioner, which was dismissed by the Financial Commissioner on 24.10.2007 (Annexure R4/1).