JUDGMENT :

HARSH BUNGER J. 

Petition herein is, inter alia, seeking a writ in the nature of Certiorari, for setting aside the order dated 15.10.2019 (Annexure P-3) passed by learned Divisional Commissioner, Patiala and order dated 05.10.2023 (Annexure P-5) passed by learned Financial Commissioner (Appeals), Punjab.

2. In compliance of order dated 30.09.2024 passed by this Court, reply dated 16.01.2025 on behalf of respondent No.4, along with costs of Rs.5,000/- has been filed, which is already on record.

3. Briefly, on account of removal of Sh. Beant Singh, previous Lambardar of Village Farwali, Tehsil Ahmedgarh, District Sangrur, proceedings were initiated for filling up the said vacancy, wherein petitioner (Gagandeep Kaur) and respondent No.4 (Nirbhai Singh) were also the candidates.

3.1 It appears that when the matter was pending before the learned Sub-Divisional Magistrate, Malerkotla, respondent No.4 (Nirbhai Singh) went abroad for his son’s wedding; however subsequently, he appeared through his counsel on 27.11.2017.

3.2 It further appears that the learned Tehsildar, recommended the candidature of respondent No.4 (Nirbhai Singh) for appointment to the aforesaid vacancy, whereas learned Sub-Divisional Magistrate recommended the candidature of present petitioner (Gagandeep Kaur) for the appointment as Lambardar and placed the matter before the learned Collector, Sangrur.

3.3. Learned Collector, Sangrur, after considering the relative merits and demerits of the candidates found petitioner (Gagandeep Kaur) as the more suitable candidate; accordingly, appointed her as the Lambardar of Village Farwali, Tehsil Ahmedgarh, District Sangrur, vide order dated 20.04.2018 (Annexure P-1).

4. Feeling dissatisfied against the aforesaid order dated 20.04.2018 (Annexure P-1), respondent No.4 (Nirbhai Singh) preferred an appeal before the learned Commissioner, Patiala Division, Patiala, which came to be allowed vide order dated 15.10.2019 (Annexure P-3) whereby the learned Collector’s order was set aside and respondent No.4 (Nirbhai Singh) was appointed as the Lambardar of Village Farwali, Tehsil Ahmedgarh, District Sangrur.

5. Feeling aggrieved against the aforesaid learned Commissioner’s order, the present petitioner preferred a revision petition (ROR No.47 of 2020) before the learned Financial Commissioner (Appeals), Punjab, which has been dismissed vide order dated 05.10.2023 (Annexure P-5).

6. In the aforementioned circumstances, the present writ petition has been filed before this Court for seeking relief(s) as noticed hereinabove.

7. A perusal of the order sheets would show that while issuing notice of motion in this case, this Court had stayed the operation of the order dated 15.10.2019 (Annexure P-3) passed by learned Commissioner as well as order dated 05.10.2023 (Annexure P-5) passed by learned Financial Commissioner.

8. I have heard the learned counsel for the respective parties and perused the paperbook with their able assistance.

9. Here, it would be apposite to refer to the relative merits of the petitioner and respondent No.4 (as noticed by the Learned Collector in order dated 20.04.2018), which is as under:-

9.1 A perusal of the above-extracted comparison would clearly show that the petitioner has an edge over respondent No.4 inasmuch as, the petitioner is younger in age and more educated than the respondent No.4. That apart the name of the petitioner was also recommended by the learned Sub-Divisional Magistrate.

10. Considering the above-referred better merits of the petitioner, the learned Collector appointed the petitioner as the Lambardar vide order dated 20.04.2018 (Annexure P-1); however, on appeal being filed by respondent No.4, learned Commissioner has set aside the aforesaid learned Collector’s order and appoi