Mr. Ajai Lamba, J. (Oral):- This Civil Writ Petition has been filed in challenge to order dated 16.12.2009 (Annexure P-8), passed by the Financial Commissioner, Punjab, and order dated 19.11.2007 (Annexure P-5), passed by the District Collector, Nawanshahr. The petition prays for upholding order dated 15.4.2008 (Annexure P-6), passed by the Commissioner Jalandhar Division, Jalandhar.

2. The facts, in brief, are that the post of Lambardar for Village Kishan Pura, Tehsil and District Nawanshahr fell vacant on account of death of previous Lambardar; namely, Sada Ram. Petitioner-Ranjit Singh and respondent No.3-Sulakhan Singh were the main contestants. Vide order (Annexure P-5), the District Collector appointed respondent No.3 as Lambardar, while taking into account the comparative merit.

3. Before proceeding any further, the comparative merit of the candidates is required to be seen. While respondent No.3 is 40 years of age; has been educated up to Matric class; owns 39 kanals 9 marlas of land; has a residential house in the village; has the experience of Sarbrah Lambardar, being the nephew of deceased Lambardar; and is stated to be taking keen interest in development work of the village, the petitioner is 52 years of age; owns a residential house in the village and 25 kanals of land; has studied up to 10 + 2 class; has served in the Indian Navy for 11 years and is stated to be taking keen interest in development work of the village.

4. The District Collector, while considering the younger age of respondent No.3; comparative qualification and experience as Sarbrah Lambardar and the land holdings of respondent No.3, directed appointment of respondent No.3 as Lambardar.

5. Another factor which has been considered by the said authority is that a complaint had been made in regard to encroachment of Gair Mumkin passage to the extent of 40 karams x 1-1/2 feet by the petitioner. The spot was inspected by Tehsildar, Nawanshahr. The petitioner vacated the illegal possession in view of the fact that he was aspiring to become the Lambardar. A reference has been made to report dated 17.10.2007 furnished by Tehsildar, Nawanshahr. This finds mention in para-3 of order (Annexure P-5), passed by the District Collector.

6. The petitioner carried an appeal, which has been allowed while holding that there was no reason to believe that the petitioner was an encroacher. The Commissioner has further said in order (Annexure P- 6) that the petitioner has more merit and more experience and, therefore, his appeal is accepted.

7. Respondent No.3 carried an appeal before the Financial Commissioner, which has been allowed, thereby affirming the order passed by the District Collector in appointing respondent No.3. The Financial Commissioner, having gone through the record, has held that the choice of the Collector in appointment of Lambardar is required to be respected, unless some perversity in the same can be traced. In the case in hand, respondent No.3 was better qualified to be appointed as Lambardar and, therefore, there was no reason for the Commissioner to have interfered with the order passed by the District Collector.

8. Learned counsel for the petitioner contends that the order of Commissioner is legally tenable and no interference with the same was called for. The petitioner has been held to be a person with better merit and experience. Much stress has been laid on the fact that the petitioner is an ex-serviceman and, therefore, advantage of the said experience ought to be given to the petitioner.

9. I have considered the contention of the learned counsel for the petitioner.

10. Respondent No.3 is substantially younger in age as compared to the petitioner, being 40 years of age, whereas the petitioner is 52 years of age. Respondent No.3 further has 39 kanals 9 marlas of land in the village as against the land holding of the petitioner i.e. 25 kanals. Respondent No.3 also has experience as Sarbrah Lambardar, being nephew of the deceased Lam