C.W.P. No.9066 of 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.9066 of 1992 Date of Decision : 06.05.2011 Ram Dia …Petitioner Versus Financial Commissioner, Haryana and others …Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. Jagbir Singh, Advocate for Mr. Ramesh Hooda, Advocate for the petitioner. *** AJAY TEWARI, J. (ORAL) By this petition the petitioner has challenged the order dated 08.03.1990 (Annexure P-2) and the order dated 17.09.1991 (Annexure P-3). Brief facts of the present case are that one post of backward class Lambardar was vacant in the Village Jindran, Tehsil and District Rohtak. The petitioner and the respondent No.4 were the only candidates. The Collector recommended the name of the C.W.P. No.9066 of 1992 -2- petitioner but in appeal, considering the fact that respondent No.4 had served in Army for about 8 years and other facts the appeal was allowed and the respondent No.4 was appointed as backward class Lambardar. When the petition came up for hearing on 13.07.1992 it was admitted, however, no stay was granted. Thus, now the respondent No.4 is continued to be a Lambardar for the past more than two decades and on this ground alone this petition deserves to be dismissed. Learned counsel for the petitioner has vehemently urged that this petition should be decided on merits. On merits the main ground taken by learned counsel for the petitioner is that the respondent No.4 had in fact been dismissed from the Army and had made a false assertion that he was decorated with medal. Alongwith the reply the respondent No.4 has annexed an Annexure R-3 wherein it is shown that he was discharged from the Army on his own request and it is also shown that he had been awarded Raksha Medal in the year 1965. In this view of the matter even on merits, in my consider opinion, the claim of the respondent No.4 was more superior. Consequently, this petition is dismissed. ( AJAY TEWARI ) C.W.P. No.9066 of 1992 -3- May 06, 2011 JUDGE ashish