CWP-3570-2024 [300] Sukhwinder Singh Financial Commissioner (Appeals), Punjab and others Coram : Present: PANKAJ JAIN [1] 11.09.2023 (Annexure P Commissioner (Appeals), Punjab, the District Collector, Ludhiana upheld. [2] The comparative merit of the petitioner as well as respondent No.4 has tabulated by the petitioner as under: Sr. No. 1. Age 2. Education Qualification 3. Recommendations 2024 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-3570 Date of Decision : Sukhwinder Singh versus Financial Commissioner (Appeals), Punjab and others HON’BLE MR. JUSTICE PANKAJ JAIN Mr. Sherry K. Singla, Advocate for the petitioner. Mr. Amtiaz S. Sandhu, Asstt. AG, Punjab. **** PANKAJ JAIN, J. (ORAL) The present writ petition is directed against order dated 11.09.2023 (Annexure P-5) passed by Commissioner (Appeals), Punjab, Chandigarh, the District Collector, Ludhiana and the Commissioner, Patiala The dispute relates to appoint The comparative merit of the petitioner as well as respondent No.4 has tabulated by the petitioner as under:- Particulars Petitioner Age 44 years Education Qualification 10th Recommendations A.C. 2 cum IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 3570-2024 (O&M) Date of Decision : 07.07.2026 …Petitioner versus ….Respondents PANKAJ JAIN Advocate for the petitioner. Mr. Amtiaz S. Sandhu, Asstt. AG, Punjab. The present writ petition is directed against order dated 5) passed by respondent No.1-Financial Chandigarh, whereby the orders passed by and the Commissioner, Patiala, stand The dispute relates to appointment to the office of Lambardar The comparative merit of the petitioner as well as respondent No.4 has been Petitioner Respondent No.4 44 years 48 years pass 6th pass (No proof/certificate is on record) A.C. 2nd Grade- cum-Tehsildar S.D.M. 1 The present writ petition is directed against order dated Financial passed by , stand Lambardar. been pass (No proof/certificate RAJNEESH SHARMA 2026.07.10 17:10 I agree to specified portions of this document CWP-3570-2024 4. Hereditary claim 5. Preference as per Rule 15 the Nation or State by himself or by his family) [3] 28.08.2018 the comparative merits on the basis of parameters as enumerated under Rule 15 of the Punjab Land Revenue Rules, 1 observing as under: 2024 (O&M) Hereditary claim Yes, son of deceased Lambardar Preference as per Rule 15 (service rendered to the Nation or State by himself or by his family) Father was an ex-serviceman who has rendered services to the nation and thus entitled to preference as per Rule 15. Surprisingly, the District Collector, 28.08.2018, which has been upheld by the Financial Commissioner ignored the comparative merits on the basis of parameters as enumerated under Rule 15 of the Punjab Land Revenue Rules, 18 observing as under:- “ After hearing the Ld. counsels for the candidates and on the perusal of the documents available on the file, this fact has come into light that Sub-Divisional Magistrate, Khanna has recommended the name of candidate Sh. Rajbir Singh for appointing him as Nambardar. The respectable persons of the village also recommended his name for the appointment to the post of Nambardar. He can read and write Punjabi, Hindi. He is always available in the village. Considering the above mentioned facts, I have reached to the conclusion that candidate Sh. Rajvir Singh son of Fakir Singh is more suitable in comparison to the other candidates. Therefore, in view of the above mentioned facts, candidate Sh. Rajvir Singh son of Sh. Fakir Singh has appointed as Scheduled Caste Nambardar of Village Libra, Tehsil Khanna, District Ludhiana against the vacant post which has occurred on account of death of Sh. Baldev Singh deceased Scheduled Caste Nambardar Village Libra. The order is announced. The file be consigned to record room after compliance. Yes, son of deceased Lambardar Nil Father was an serviceman who has rendered services to the nation and thus entitled to preference as per Rule 15. Nil District Collector, Ludhiana, vide order dated which has been upheld by the Financial Commissioner ignored the comparative merits on the basis of parameters as enumerated under Rule 887 and appointed respondent No.4, After hearing the Ld. counsels for the candidates and on the perusal of the documents available on the file, this fact has come into Divisional Magistrate, Khanna has recommended the name of candidate Sh. Rajbir Singh for appointing him as ambardar. The respectable persons of the village also recommended his name for the appointment to the post of Nambardar. He can read and write Punjabi, Hindi. He is always available in the village. Considering the above mentioned facts, I he conclusion that candidate Sh. Rajvir Singh son of Fakir Singh is more suitable in comparison to the other candidates. Therefore, in view of the above mentioned facts, candidate Sh. Rajvir Singh son of Sh. Fakir Singh has appointed as bardar of Village Libra, Tehsil Khanna, District Ludhiana against the vacant post which has occurred on account of death of Sh. Baldev Singh deceased Scheduled Caste Nambardar Village Libra. The order is announced. The file be r compliance.” 2 der dated which has been upheld by the Financial Commissioner ignored the comparative merits on the basis of parameters as enumerated under Rule and appointed respondent No.4, After hearing the Ld. counsels for the candidates and on the perusal of the documents available on the file, this fact has come into Divisional Magistrate, Khanna has recommended the name of candidate Sh. Rajbir Singh for appointing him as ambardar. The respectable persons of the village also recommended his name for the appointment to the post of Nambardar. He can read and write Punjabi, Hindi. He is always available in the village. Considering the above mentioned facts, I he conclusion that candidate Sh. Rajvir Singh son of Fakir Singh is more suitable in comparison to the other candidates. Therefore, in view of the above mentioned facts, candidate Sh. Rajvir Singh son of Sh. Fakir Singh has appointed as bardar of Village Libra, Tehsil Khanna, District Ludhiana against the vacant post which has occurred on account of death of Sh. Baldev Singh deceased Scheduled Caste Nambardar Village Libra. The order is announced. The file be RAJNEESH SHARMA 2026.07.10 17:10 I agree to specified portions of this document CWP-3570-2024 [4] considered by the District Collector appointment of respondent No.4 provisions. [5] be sustained, the same [6] afresh strictly Revenue Rules, 1887 [7] months from today. [8] [9] disposed off 07.07.2026 ‘R. Sharma' 2024 (O&M) In the considered opinion of this Court, none of the parameters considered by the District Collector appointment of respondent No.4 was made provisions. In view thereof, orders dated 28.08.2018 be sustained, the same are hereby set aside. The District Collector, Ludhiana, is directed to decide the issue afresh strictly in accordance with Rule Revenue Rules, 1887. Necessary exercise be carried out within a period of three months from today. The present writ petition stands All pending miscellaneous application(s), if any, stands disposed off. 07.07.2026 Whether speaking/ reasoned Whether reportable In the considered opinion of this Court, none of the parameters has statutory backing and made on parameters foreign to bare dated 28.08.2018 and 11.09.2023 cannot set aside. istrict Collector, Ludhiana, is directed to decide the issue Rules 15 & 16 of the Punjab Land Necessary exercise be carried out within a period of three The present writ petition stands disposed off. All pending miscellaneous application(s), if any, stands (PANKAJ JAIN) JUDGE : Yes/No : Yes/No 3 In the considered opinion of this Court, none of the parameters and the foreign to bare cannot istrict Collector, Ludhiana, is directed to decide the issue of the Punjab Land Necessary exercise be carried out within a period of three All pending miscellaneous application(s), if any, stands RAJNEESH SHARMA 2026.07.10 17:10 I agree to specified portions of this document