Tarsem Lal vs State Of Punjab And Others
2024 Latest Caselaw 8746 P&H

Punjab-Haryana High Court

Tarsem Lal vs State Of Punjab And Others on 24 April, 2024

Author: Deepak Sibal

Bench: Deepak Sibal

                                    Neutral Citation No:=2024:PHHC:055752-DB



LPA-480-2024 (O&M)                             1        2024:PHHC:055752-DB

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                   CHANDIGARH

125                                                LPA-480-2024 (O&M)
                                                   Date of decision: 24.04.2024

Tarsem Lal                                                        ....Appellant

                                  Versus

State of Punjab and others                                       ...Respondents


CORAM : HON'BLE MR. JUSTICE DEEPAK SIBAL
        HON'BLE MR. JUSTICE DEEPAK MANCHANDA

Present:      Mr. Satbir Rathore, Advocate
              for the appellant.

                          *****

DEEPAK SIBAL, J.(ORAL)

The present intra-court appeal is directed against the judgment

dated 29.01.2024 passed by a learned Single Judge of this Court allowing

respondent No.5's writ petition filed by him to challenge therein the order

of the Financial Commissioner, Punjab (for short - the FC) through which

the FC reversed the orders passed by the Commissioner, Jalandhar and

Collector, Hoshiarpur, through which orders respondent No.5 had been

appointed as Lambardar of village Langah, Tehsil Mukerian, District

Hoshiarpur.

2) The appellant and respondent No.5 are both ex-serviceman.

Both have also remained Sarpanch of the village. Neither of them have

incurred any disqualification for being appointed as a Lambardar. After

comparison of their inter se merits, the Collector chose respondent No.5

over the appellant because at the time of such selection, respondent No.5

was 57 years of age whereas the age of the appellant was 69 years.

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Neutral Citation No:=2024:PHHC:055752-DB

LPA-480-2024 (O&M) 2 2024:PHHC:055752-DB

3) The appellant challenged the order of the Collector by way of

an appeal which was dismissed by the Commissioner. However, his revision

petition was accepted by the FC.

4) A Division Bench of this Court in Harjit Singh Vs. State of

Punjab, 2023(4) RCR(Civil) 408, has held that in the appointment of

Lambardar, the choice of the Collector should be interfered with only if

perversity is found in the order of the Collector. Further, the Supreme Court

in Mahavir Singh Vs. Khiali Ram, 2009 (1) RCR(Civil) 757 has held that

in case inter se merits of the rival candidates who have applied for

appointment as a Lambardar are virtually the same then the candidate

younger in age should be preferred.

5) In the light of the facts of the present case and the law laid

down in Harjit Singh's case (supra) and in Mahavir Singh's case (supra), the

learned Single Judge is found to have committed no error, in fact or in law,

to uphold the selection of Lambardar made by the Collector, especially

when it is not disputed that as on date the appellant is over 75 years of age.

6)             Dismissed.

7)             Pending miscellaneous application(s), if any, also stand

disposed of.

                                                       (DEEPAK SIBAL)
                                                           JUDGE


                                                    (DEEPAK MANCHANDA)
                                                          JUDGE
24.04.2024
Sapna
               Whether reasoned/speaking?              Yes/No
               Whether reportable?                     Yes/No




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