Sewa Singh v. Financial Commissioner Revenue (Appeals-I), Punjab And ORS.

HARSH BUNGER J. (ORAL) This order shall dispose of two writ petitions, bearing CWP-14453-2017 and CWP-14454-2017 as they involve common issues of law and fact. For the sake of convenience, the facts are being derived from CWP-14453-2017.

1.1 Petition (CWP-14453-2017) is, inter alia, seeking a writ in the nature of Certiorari to set aside order dated 16.02.2017 (Annexure P-8) passed by the learned Financial Commissioner, Revenue (Appeals-I), Punjab.

2.

Briefly, a new post of Lambardar (Scheduled Caste) of Village Masitpal Kot, Tehsil Dasuya, District Hoshiarpur, was created by the learned Divisional Commissioner, Jalandhar. Pursuant thereto, proceedings were initiated for filling up the said vacancy, wherein petitioner - Sewa Singh and respondent No.4 - Sarwan Singh were also the candidates. 2.1 The learned Naib Tehsildar, Tanda, learned Tehsildar Dasuya, as well as the learned Sub-Divisional Magistrate, Dasuya, recommended the candidature of petitioner - Sewa Singh for appointment to the post of Lambardar (Scheduled Caste) of Village Masitpal Kot, and the matter was placed before the learned Collector, Hoshiarpur. (Scheduled Caste) of Village Masitpal Kot.

2.3 Feeling

(Scheduled Caste) of Village Masitpal Kot, vide order dated 14.09.2011 (Annexure P-3). 2.5

"8. I have considered the comparative merit of the candidates and perused the entire record placed on the file. Candidate Sarwan Singh is 64 years of age. He is B.A. B.Ed. and retired as S.S. Master. There is sufficient evidence to say that Sarwan Singh took over possession of a common passage illegally and unauthorisedly. He had filed a civil suit to claim its ownership was also dismissed vide order dated 19-3-2010 of Civl Judge (Junior Division), Dasuya. Not only this, he visits the adjoining villages to give tuitions to the students of different classes and thus cannot be easily available to the villagers. The remaining candidates are Chanan Singh and Sewa Singh. I find that Sewa Singh is more suitable candidate for the post of Lambardar. He is (56 years) younger in age and 7th class pass.

Chanan Singh is 63 years old and fifth class pass. Sewa Singh keeps buffalos and sells milk. He remains in the village and can be easily available to the villagers. Sewa Singh remained members of the Kandhala Sheikhan Co-operative Society for five years. He is the panch of the Gram Panchayat which reflects his good reputation in the village. He is a blood donor and the certificate to this effect has been issued by Sant Baba Rangi Ram Charitable Hospital Jaja. He is not defaulter of any bank, society or any financial institution. Sub Divisional Magistrate, Dasuya has recommended him.

9. Keeping in view the circumstances mentioned above, Sewa Singh S/o Dalip Singh is appointed as S.C. Lambardar of village Masitpal Kot, Tehsil Dasuya, District Hoshiarpur. File be consigned to the record room."

In view of the aforesaid discussion, I am of the considered opinion that Financial Commissioner, Revenue (Appeals-I), Punjab,