Rameshwar Singh Malik, J. - (1.) Present writ petition is directed against the order dated 03.06.2013 (Annexure P-5) passed by the Financial Commissioner, Haryana, whereby revision petition filed by the petitioner was dismissed and the appellate orders passed by Commissioner as well as the order by District Collector appointing respondent No.4 as Backward Class Lambardar, were upheld.
(2.) Notice of motion was issued and in compliance thereof, short reply was filed by official respondents whereas, separate reply was filed on behalf of respondent No.4. Heard learned counsel for the parties.
(3.) Learned District Collector, Karnal, while passing his order dated 29.05.2012 (Annexure P-2) found the petitioner less than 20 years as per his school certificate, produced at the time of submission of his application for the post of Lambardar. Respondent No.4 was found having clear edge on the petitioner, as per his merits and accordingly, he was appointed as Backward Class Lambardar. Operative part of the order, passed by learned District Collector, which deserves to be noticed here, reads as under:- "After hearing the counsel for the parties and on perusal of the documents available on record, I have come to the conclusion that candidate Sh.Gulshan Kumar son of Purshotam Dass is more meritorious and fit as compared to the other candidate Sh.Ram Kumar son of Sh.Raj Pal alias Lilu Ram, he is more qualified than candidate Ram Kumar. As per the instructions of the government at the time of submitting the application for appointment on the post of Lamberdar the age of the applicant should be 21 years, whereas the age of Sh.Ram Kumar is less than 20 years as per the certificate produced at the time of submitting application for the post of Lamberdar. Thus, as per the instructions of the Government, Sh.Ram Kumar applicant is not mature and fit candidate for the post of Lamberdar. I do not agree with the report of Naib Tehsildar, Nigdu and Sub Divisional Magistrate (n) Karnal. Thus I appoint Sh.Gulshan Kumar son of Purshotram Dass, caste Barber (Backward class) resident of village Anjanthali, Sub Tehsil Nigdu as the Lamberdar Backward Class of village Anjanthali Sub Tehsil Nigdu District Karnal, on the post fallen vacant after the death of Sh.Neki Ram backward class Lamberdar, village Anjanthali, Sub Tehsil Nigdu. File be consigned to record room after due compliance.";