IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-14411-2025 (O&M)

Date of decision : 08.07.2025 SITA RAM …Petitioner Versus STATE OF PUNJAB AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Sukhwinder Singh Chatrath, Advocate for the petitioner.

Mr. Nirmaljit Singh Diwana, Sr. D.A.G., Punjab.

Mr. Prikshit Thakur, Advocate for Mr. Rahul Bhargava, Advocate for the caveator/respondent No.5. HARSH BUNGER, J. [ORAL]

Prayer in the present writ petition, filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari for setting aside the order dated 11.11.2024 (Annexure P-5)

passed by the learned Financial Commissioner (Appeals) Punjab.

2. Briefly, upon demise of Sh. Joginder Singh, previous lambardar of Village Malkowal, Tehsil Garhshankar, District Hoshiarpur, proceedings were initiated for filling up the vacancy wherein, petitioner-

Sita Ram and respondent No.5-Brij Mohan were also the candidates.

2.1 The Tehsildar as well as Sub-Divisional Magistrate, Garhshankar recommended the candidature of petitioner-Sita Ram for appointment to the afore-said vacancy and placed the matter before the learned Collector, Hoshiarpur. The learned Collector, Hoshiarpur vide order dated 31.01.2019 (Annexure P-3) appointed petitioner-Sita Ram as the lambardar of Village Malkowal.

2.2 Feeling aggrieved against the Collector’s order, respondent No.5-Brij Mohan preferred an appeal before the learned Commissioner, Jalandhar Division, Jalandhar, which was dismissed vide order dated

31.05.2021 (Annexure P-4).

2.3 Still aggrieved, respondent No.5-Brij Mohan preferred a revision (ROR-823-2021) before the learned Financial Commissioner, which has been allowed vide order dated 11.11.2024 (Annexure P-5); whereby, the orders passed by the learned Collector as well as the learned Commissioner, have been set aside and the matter has been remanded to the District Collector, Hoshiarpur for deciding it afresh as per law, after hearing the parties, within a period of three months from the date of receipt of the order.

2.4 In the afore-mentioned circumstances, the present writ petition has been filed before this Court.

3. Heard.

4. Apparently, the petitioner was appointed as the lambardar by the learned Collector, Hoshiarpur. An appeal filed by respondent No.5 against the Collector’s order was dismissed, however, upon revision, the learned Financial Commissioner, has set aside the orders passed by the learned Collector, Hoshiarpur as well as the learned Commissioner, Jalandhar Division, Jalandhar by observing as under :-

“6. I have heard and considered the arguments advanced by Counsel for both the parties and perused the documents available on record. The District Collector, Hoshiarpur while passing the order dated 31.01.2019, did not properly examine the merits and demerits of the candidates as required under Rule 15 of the Punjab Land Revenue Rules. The eligibility of the candidates included the education, experience and service rendered to the service of state and ability to perform the duties of a Lambardar. In the present case, being an ex-serviceman with 32 years of service, the petitioner deserves preference under Rule 15(c). But the courts below did not consider the merits of the petitioner in view of the Rule 15 of the Rules, 1909. Moreover, the petitioner is younger in age than the respondent No.3 as the petitioner is 58 years old and respondent No.3 is 62 years old. As per rule a person in younger in age should be given preference. Thus, the orders passed by the courts below clearly violates the provisions of Rule 15 of the Rules, 1909 and liable to be set-

aside.

7. Resultantly, the present revision petition is accepted and the order dated 31.05.2021 passed by the Commissioner, Jalandhar Division, Jalandhar and the order dated 31.01.2019 passed by the District Collector, Hoshiarpur are set aside. The case is remanded to the District Collector, Hoshiarpur with the directions to decide i