Navjot Saini v. Financial Commissioner (Appeals) Punjab And ORS.

Petitioner (Navjot Saini) has filed the instant writ petition under Articles 226/227 of the Constitution of India, inter alia, seeking a writ in the nature of Certiorari to set aside order dated 14.12.2016 (Annexure P-3) passed by the learned Divisional Commissioner, Jalandhar and order dated 04.10.2021 (Annexure P-6) passed by the learned Financial Commissioner (Appeals), Punjab.

2.

Village Khoba, Block Gharota, Tehsil and District Pathankot , vide order dated 20.10.2011 (Annexure P-1).

dated 20.10.2011 (Annexure P-1) (Annexure P-3) and the matter was remanded to the learned Collector, Pathankot, for verifying the fact as to whether petitioner

(Navjot Saini) had been working in the Irrigation Department, i.e. a Government employee.

2.4 14.12.2016 (Annexure P-3) (Annexure P-6).

20.10.2011 (Annexure P-1), by observing as under:- "

- x - x -

6. After perusing the file and hearing the arguments addressed by advocates and the qualifications of the respective candidates and other relevant facts which have come on record and the post of respective officers I have come to the conclusion that Sh. Navjot Saini son of Sh. Neelam Kumar r/o village Khoba Hadbast No.200 Tehsil and District Pathankot who is son of early Lambardar and owns 1 Kanal land in the village as reflected by Assistant Collector, 1st Grade Pathankot in his report dated 10.06.2011, is aware of Lambardari Work and is fit for appointment as Lambardar. Keeping in view the aforementioned facts Sh. Navjot Saini son of Sh. Neelam

Kumar is appointed as new Lambardar of the village after the death of earlier Lambardar. The Sanad Lambardari be issued and file be sent back to SDM Pathankot. Order is pronounced."

It needs no reiteration that the hereditary claim has been held to be ultra vires the Constitution 20.10.2011 (Annexure P-1) was allowed by the (Annexure P-3) and the matter was remanded to the learned Collector, Pathankot, for verifying the fact as to whether the petitioner (Navjot Saini) had been working in the Irrigation Department, i.e. a Government employee. The said order was further upheld by the learned Financial Commissioner (Appeals), Punjab, vide order dated 04.10.2021 (Annexure P-6).

7.

In the instant case, short reply dated 24.02.2023 by way of affidavit of Harbir Singh, I.A.S., Deputy Commissioner, Pathankot, has been filed on behalf of respondents No.1 to 3. Relevant extract thereof reads as under:- ".... It is pertinent to mention here that petitioner Navjot Saini is working in Irrigation Department and is a Government employee. This fact was verified. ...."

8.

Since the factum of petitioner being working in the Irrigation Department and being a Government employee, stands verified,

vide aforesaid short reply dated 24.02.2023, I find no compelling reason to interfere with order dated 14.12.2016 (Annexure P-3); which has been further upheld by the learned Financial Commissioner (Appeals), Punjab, vide order dated 04.10.2021 (Annexure P-6). Resultantly, the instant writ petition fails and the same is accordingly dismissed. 9.

All pending application(s), if any, shall also stand closed.