CWP No.14393 of 2011.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.14393 of 2011 (O&M) Date of Decision: 09.08.2011 **** Kamaljit Singh Dhillon . . . . Petitioner VS. Financial Commissioner, Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. RS Chauhan, Advocate for the petitioner **** SURYA KANT J. (ORAL) (1). The petitioner seeks quashing of the order dated 13.01.2005 (Annexure P3) passed by the Collector, Jalandhar appointing respondent No.4 (Hari Dass) as a Lamberdar of Mohalla Kot Ram Dass, Tehsil and District Jalandhar as well as the orders dated 09.06.2005, 21.05.2008 & 21.12.2010 (Annexures P4, P5 & P6, respectively) whereby the Commissioner, Jalandhar Division has upheld the appointment of respondent No.4 and the petitioner’s revision as well as review petitions have been dismissed by the Financial Commissioner, Punjab. CWP No.14393 of 2011.doc - 2 – (2). The solitary contention raised on behalf of the petitioner is that the post of Lamberdar created for the residents of Mohalla Kot Ram Dass vide order dated 07.07.2003 of the Commissioner, Jalandhar Division is for ‘general’ category against which respondent No.4 who belongs to the reserved category of Scheduled Caste could not be appointed. The petitioner relies upon Rule 19-B of the Punjab Land Revenue Rules (in short, ‘the Rules’) to contend that reservation for Scheduled Castes in the matter of appointment of Lamberdars has been separately provided and a post of Lamberdar can be reserved for Scheduled Caste subject to fulfillment of the conditions laid down under the Rules. (3). Having heard learned counsel for the petitioner, I do not find any substance in the contention raised on his behalf. (4). The Collector, Jalandhar compared the inter se merit of the applicants including respondent No.4 and keeping in view the fact that respondent No.4 is 35 year’s old, 10+2 pass, owns immoveable property comprising a plot, and is/was member/office-bearer of various Committees like Gurdwara Prabhandak Committee, Co-operative Bank and PTA Committee etc., found him more meritorious. The Collector, Jalandhar took notice of the fact that though the post is for General category, however, most of CWP No.14393 of 2011.doc - 3 – the inhabitants of Kot Ram Dass were of Scheduled Caste category and as such respondent No.4 was a more suitable candidate. (5). The view formed by the Collector has got the seal of approval from the Commissioner, Jalandhar Division as well as the Financial Commissioner, Punjab. The petitioner even preferred a review petition before the Financial Commissioner after a delay of 465 days, yet the Financial Commissioner has again applied his mind and approved the appointment of respondent No.4. (6). It is well settled that in the matter of appointment of Lamberdar ordinarily the choice of the Collector should prevail unless found to be tainted with perversity. (7). No such case has been made out by the petitioner. (8). Dismissed. Dasti. 09.08.2011 vishal shonkar (S u r y a K a n t) Judge