Dismissed

Ram Kishan v. Financial Commissioner Appeals-Ii, Pb. and Ors.

Punjab & Haryana HC25 Jul 2012CWP/11586/2009

Case brief

AI extract

What is this about?

In a Civil Writ Petition, the petitioner challenged the appointment of a Lambardar, arguing he was an Ex-serviceman and was overlooked. The Court held the appointing authority could not ignore other merits like the candidate's teaching qualification and pension.

What did the court decide?

The petitioner's claim for interference in the selection process was dismissed as the court found the authorities acted within their discretion.

Ram Kishan Vs Financial Commissioner… — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CWP No. 11586 of 2009 Date of Decision: 25.07.2012

Ram Kishan

...Petitioner

Versus

Financial Commissioner, Punjab and others ..Respondents.

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CORAM: HON'BLE MR. JUSTICE RANJIT SINGH

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Present : Mr. Umesh Kumar Kanwar, Advocate, for the petitioner Mr. Yatinder Sharma, Addl. Advocate General, Punjab, for respondents No.1 to 3. Mr. Arun Takhi, Advocate, for respondent No.4.

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RANJIT SINGH J.(Oral)

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On the death of previous Lambardar, process for appointing a Lambardar of village Barian Kalan, Tehsil Garhshankar, District Hoshiarpur was initiated. The Collector appointed respondent No. 4 as a Scheduled Caste Lambardar on 11.03.2004. Against the said appointment, the petitioner filed an appeal before the Commissioner but the same was dismissed on 10.02.2005. The petitioner thereafter filed a revision before the Financial Commissioner who has also dismissed the revision on 22.11.2005.

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The petitioner had then approached this Court by way of Civil Writ Petition No. 5001 of 2006. This Court vide order dated 30.08.2007 setaside the order passed by the Financial Commissioner requiring him to redecide the issue by passing a speaking order. As per the petitioner, in sheer disregard to the order passed by this Court, the Financial Commissioner has again rejected the revision in a casual and sketchy manner. The petitioner has accordingly filed this petition challenging the order passed by the Financial Commissioner.

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CWP No. 11586 of 2009 [2]

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The grievance of the petitioner is that he is an Ex-serviceman retired from the Border Security Force in the year 1986. As per the petitioner he had participated in two wars in the years 1965 and 1971. Otherwise, the petitioner is also matriculate. As per the counsel for the petitioner, the status Ex-serviceman of the petitioner has been wrongly ignored and has not been given weightage by the authority while appointing respondent No.4 as Lambardar of the village.

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I have perused the order passed by the Financial Commissioner. The submissions on these lines on behalf of the petitioner were duly noticed and are found reflected in the order passed by the Financial Commissioner. Thus, the Financial Commissioner while deciding the issue was fully alive to the submissions and the status of the petitioner as Ex-serviceman. After considering the merits and demerits of both the candidates, the Financial Commissioner found respondent No.4 to be more meritorious as he had retired as a Teacher and was in receipt of pension. His educational qualifications were also better. No doubt, the status of Ex-serviceman is one of the relevant consideration to be kept in mind but this alone cannot outweigh all other merits. The status as Ex-serviceman is a weighty consideration but this alone would not be enough to ignore all other considerations. The authorities have considered this qualification of the petitioner but still appointed respondent No.4 being more meritorious. Thus, I am not inclined to interfere in the exercise invoked by the revenue authorities.

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Dismissed.

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(RANJIT SINGH) JUDGE

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25.07.2012

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'ravinder'

Ram Kishan v. Financial Commissioner Appeals-Ii, Pb. and Ors.

Case brief

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Ram Kishan v. Financial Commissioner Appeals-Ii, Pb. and Ors.

Case brief

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