IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Letters Patent Appeal No.633 of 2010 Date of decision: 14.7.2010 Sat Pal …..Appellant versus State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Ankur Malik, Advocate for the appellant Jasbir Singh, J. (Oral) CM No.1837 of 2010 In view of reasons mentioned in this application, it is allowed and 14 days in filing the appeal stands condoned. Letters Patent Appeal No.633 of 2010 Vide order dated 15.4.2008, respondent namely Birbal was appointed as Chowkidar of village Rohar, tehsil Safidon, district Jind. The appellant was also one of the candidates. He laid challenge to the above said appointment. His appeal was dismissed on 13.5.2008. Revision petition filed by him also met the same fate on 2.9.2008. Thereafter, he filed CWP No.18773 of 2008, which was dismissed by learned single Judge of this Court on 20.1.2010, by observing as under:- “I have heard counsel for the parties and find no reason to hold that merely because respondent No.5 is 68 years old, he cannot be considered and appointed to the post of Chowkidar. The Chowkidara Rules, 1876 do not place any bar Letters Patent Appeal No.633 of 2010 as to the maximum age required for appointment to the post of a village Chowkidar. In given circumstances, it may be desirable to appoint a younger man but in the absence of any statutory bar, age alone cannot be invoked as a binding disqualification. The discretion exercised by the authorities in selecting an older man is neither perverse not arbitrary and, therefore cannot be faulted.” Hence, this appeal. Before the learned single Judge and also before us, it is grievance of the petitioner that respondent Birbal was of 68 years of age and was wrongly appointed by ignoring superior claim of the petitioner who is very young. Be that as it may, it has nowhere come on record that respondent-Birbal on account of age, was not capable of performing duties of a Chowkidar. It has no where been proved that he was weak or infirm. No case is made out for interference in the order passed by the learned single Judge. Dismissed. (Jasbir Singh) Judge 14.07.2010 (Augustine George Masih) gk Judge 2