- (1.) This Letters Patent Appeal has been directed against the order dated 12.3.2012 passed by the learned Single Judge, whereby the writ petition (CWP No.6308 of 2010) filed by respondent No.4 was allowed and the order dated 27.8.2009 passed by the Financial Commissioner in favour of the appellant, was set aside.
(2.) In this case, the dispute is about appointment on the post of Lambardar of village Bahadurpur Faqiran alias Channa, Tehsil and District Patiala. This post had fallen vacant on the death of Dushera Gir, the previous Lambardar of the village. The District Collector vide order dated 17.6.1998 (Annexure P1) after hearing the parties and taking into consideration the comparative merit of the candidates, appointed respondent No.4 as Lambardar of the village. Undisputedly, respondent No.4 is younger in age; owns more land than the appellant; was having experience of Sarbarah Lambardari since June, 1998 being the grandson of the deceased Lambardar; and the Lambardari belongs to Gir Patti, of which the father of respondent No.4 was Lambardar.
(3.) Feeling aggrieved against the order of the Collector, the appellant challenged the same by filing an appeal before the Commissioner. In the said appeal, as is clear from the grounds of appeal, the appellant challenged the appointment on the ground that the Collector did not take into consideration the educational qualification of the appellant as he is a Graduate whereas respondent No.4 is only Matric pass and has also wrongly held that the appellant is not from the same Patti, whereas Patti of both of them is the same. However, the Commissioner vide order dated 7.11.2000 allowed the appeal and set aside the order of the Collector, while observing as under:- " I have heard the learned counsel for the parties and have also gone through the record of the case carefully. I find that Manjit Singh, appellant, is a graduate. He owns 9 bighas 8 biswas of land which is sufficient for security. From the perusal of the case file, it is clear that respondent has illegal possession over the Shamlat land because after the death of his father Jagram Gir kept the possession of the same land. To strength this version, my attention was drawn to the Khasra Girdawari. Moreover application for the post of lambardar before the Naib Tehsildar was time barred by four months. I also find that 36 respectable persons have filed Major Nama in favour of Manjit Singh whereas only 19 persons have favoured Jagram Gir. It is clear that appellant Manjit Singh candidate is more popular in the village. In view of the above, I find that the appellant is more suitable than the respondent. The appeal is accordingly accepted, impugned order set aside and Manjit Singh son of Sukhdev Singh is appointed as lambardar of village Bahadarpur Faqiran alias Chhanna, Tehsil and District Patiala, against the vacancy caused due to thedeath of Dusehra Gir.";