Avtar Singh v. Financial Commissioner And Others

she does not intend to file reply to the instant writ petition and the matter may be heard on merits. Accordingly, with the consent of learned counsel for the parties, the matter is heard.

Village Chanarthal Kalan, Tehsil and District Fatehgarh Sahib Chanarthal Kalan, vide order dated 18.05.2012 (Annexure P-1). (Annexure P-3) and Chanarthal Kalan.

3.4 (Annexure P-4) and the matter was remanded to the

District Collector, Fatehgarh Sahib, by observing as under:- "

- x - x -

5. I have considered arguments and perused orders of the lower courts and gone through the submissions of both the parties. The two issues mainly educational qualification and land ownership of candidates has not been conclusively settled in the order of Commissioner and District Collector. The order passed by the Collector and the Commissioner are not clear regarding these two issues. Therefore, I set aside the orders of Commissioner, Patiala Division dated 12.11.2014 as well as District Collector, Fatehgarh Sahib dated 18.05.2012 and remand the case to District Collector, Fatehgarh Sahib to decide the matter afresh by setting these two issues conclusively."

Village Chanarthal Kalan, Tehsil and District Fatehgarh Sahib, in order to fill up the vacant post of Lambardar (General Category).

3.6 Feeling aggrieved against the aforesaid order (Annexure P-5), petitioner preferred an appeal before the learned Divisional Commissioner, Patiala, which same was dismissed vide order dated 09.09.2020 (Annexure P-6). Thereafter, petitioner preferred a revision petition (ROR No.563 of 2020) before the learned Financial Commissioner (Appeals), Punjab, however, the same was also dismissed vide order dated 01.12.2022 (Annexure P-8).

(Annexure P-4) passed by the learned Financial Commissioner (Appeals), Punjab.

6.

The aforesaid factual position is not disputed by learned counsel for respondent No.4 and learned State counsel has also not been able to controvert to the same.

6.1 Further, during the course of arguments, learned counsel for respondent No.4 has stated that she has no objection in case the impugned orders are set aside and the matter is remanded to the learned District Collector, Fatehgarh Sahib, for fresh decision in terms of order dated 19.01.2018 (Annexure P-4) passed by the learned Financial Commissioner (Appeals), Punjab.

Keeping in view the aforesaid submissions made by learned counsel for the parties, impugned orders dated 28.11.2018 (Annexure P-5), 09.09.2020 (Annexure P-6) and 01.12.2022 (Annexure P-8) are set aside and the matter is remanded to the District Collector, Fatehgarh Sahib, for fresh decision as regards the appointment of Lambardar (General Category) of Village Chanarthal Kalan, Tehsil and District Fatehgarh Sahib, after giving due opportunity of hearing to all the concerned parties. 8.1 Since the matter is pending for the last more than fourteen years, the District Collector, Fatehgarh Sahib is directed to make earnest endeavour to decide the same expeditiously and preferably within a period of six months from the date of appearance of the parties before him. 8.2 The parties are directed to appear either personally or through

their respective counsel(s) before the District Collector, Fatehgarh Sahib on 31.01.2025.

9.

The instant writ petition is disposed of in the aforestated terms. 10.

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