JASVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an intra-court appeal, under Clause X of the Letters Patent, against an order and judgment dtd. 17/10/2018, rendered by the learned Single Judge, vide which the writ petition preferred by Baljinder Singh (respondent No. 4) has since been allowed and the order, dtd. 20/12/2017, passed by the Financial Commissioner (Revenue), Punjab, remitting the matter to the District Collector to re-evaluate the merits of the candidates for appointment of Lambardar, has been set aside.

(2.) The facts that are required to be noticed are limited.

(3.) A vacancy of Lambardar in Scheduled Caste Category in village Mankheri, Tehsil Shri Chamkaur Saib, District Roopnagar, occurred owing to the dismissal of Lambardar, Ujagar Singh, on 25/3/2003. Pursuant to the process initiated by the authorities to fill up the said post, two candidates submitted their claims for consideration, i.e. appellant-Jasvir Singh and Baljinder Singh-respondent No. 4. For the appellant was found in regular employment in an industrial establishment at Mohali, and his duty hours were from 8:00 AM to 4:00 PM, it was concluded that he would not be available to the residents of the village, and to carry out various works, for which his presence would be necessary. Whereas, respondent No. 4, who was a permanent resident of the village and was running a milk dairy, was found to be more suitable and was appointed as new Lambardar, vide order dtd. 4/1/2016, by the District Collector. The appeal preferred against the said order was dismissed by the Commissioner, vide order dtd. 30/5/2017. However, vide order dtd. 20/12/2017, the revision petition filed by the appellant assailing those orders, was allowed by the Financial Commissioner, and in reference to a decision of this Court in Duli Chand v. State of Haryana and another, 2012 (3) PLR 324, the matter was remitted to the District Collector to re-examine the overall merits of the candidates. That is how, respondent No. 4 assailed the said order vide a writ petition, referred to above, which was allowed and the order passed by the Financial Commissioner, dtd. 20/12/2017, has since been set aside.