IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No. 1907 of 2011 ( O&M ) DATE OF DECISION : 13.10.2011 Raghbir Singh .... APPELLANT Versus State of Haryana and another ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE PARAMJEET SINGH Present: Mr. Rajesh Sheoran, Advocate, for the appellant. * * * SATISH KUMAR MITTAL, J. Appellant Raghbir Singh, one of the candidates for the post of Lambardar (Backward Class) of village Pantawas Kalan, Tehsil Charkhi Dadri, District Bhiwani, has filed the instant Letters Patent Appeal against the judgment dated 26.7.2011, passed by the learned Single Judge, whereby the orders dated 23.10.2007 (Annexure P-1) and 19.6.2009 (Annuexre P-9), passed by the Collector, Bhiwani and the Financial Commissioner, Haryana, respectively, have been set aside and the matter regarding appointment of Lambardar has been remitted to the authorities below, with a direction to call for fresh applications by making fresh Munadi in the village. We have heard learned counsel for the appellant and have gone LPA No. 1907 of 2011 -2- through the impugned order, as well as the orders passed by the Collector, Commissioner and the Financial Commissioner. In this case, in response to the invitation of applications for appointment to the post of Lambardar, two candidates, namely Raghbir Singh (appellant) and Ram Chander (respondent No.2), applied for the post. Both the applicants are 3rd/4th standard pass. The Collector, after considering their comparative merits and taking into consideration the fact that appellant Raghbir Singh was the son of late Lambardar and knows the working of Lambardari well as well as the fact that he has cleared the default of the electricity department, appointed him as Lambardar of the village. On appeal, filed by respondent No.2 Ram Chander, the Commissioner, while observing that both the candidates are 3rd/4th standard pass and on the date of initiation of the appointment process, appellant Raghbir Singh was a defaulter, and further that vide Gazette Notification dated 23.7.2008, an amendment has been made by making it necessary to be middle class pass for the post of Lambardar, vide order dated 23.1.2009 (Annexure P-3), set aside the order of the Collector and directed the Collector to invite fresh applications by making fresh Munadi for appointment on the post of Lambardar. The said order of the Commissioner was set aside by the Financial Commissioner vide order dated 19.6.2009 (Annexure P-9) and the order of the Collector, appointing the appellant as Lambardar of the village was restored. LPA No. 1907 of 2011 -3- In the writ petition, filed by respondent No.2, the learned Single Judge has set aside the orders, passed by the Collector as well as the Financial Commissioner and issued the aforesaid direction. After hearing learned counsel for the appellant and going through the impugned order, passed by the learned Single Judge, we do not find any ground to interfere in the same. In the year 2008, the Rules for appointment of Lambardar were amended and it was provided that a candidate for the post of Lambardar should be 8th standard pass. While remanding the matter and ordering inviting of fresh applications, the learned Single Judge has considered this fact. It is true that when the process of appointment of Lambardar was started in this case, there was no condition that a candidate for the post of Lambardar should be 8th standard pass. But when the suitable candidates are not available, then in our opinion, the learned Single Judge has rightly set aside the orders of the Collector as well as the Financial Commissioner and directed the authorities to make appointment to the post of Lambardar by calling for fresh applications by making fresh Munadi. In these days of high technology, where even the revenue record has been computerised, a Lambardar at least should have basic educational qualification, so that he may be able to perform his duty more effectively. Secondly, it has been found by the learned Single Judge that on the day of inviting the applications for the post of Lambardar, the appellant was defaulter of the Electricity department. He has filed a wrong undertaking that he was paying LPA No. 1907 of 2011 -4- the instalments of the electricity bill regularly as per the schedule. But it has been found that the appellant has paid the amount, when the appeal was pending before the Commissioner. Therefore, it has been held that at the time of consideration of the candidature of the appellant for the post of Lambardar by the Collector, he was defaulter and his candidature ought to have been rejected by the Collector on the said ground, but it was wrongly accepted by the Collector as well as the Financial Commissioner. Thus, in our opinion, in the facts and circumstances of the case, the order passed by the learned Single Judge does not require any interference in the appeal. No merits. Dismissed. ( SATISH KUMAR MITTAL ) JUDGE October 13, 2011 ( PARAMJEET SINGH ) ndj JUDGE