JUDGMENT
M.R. Agnihotri, J.
1. The short point involved in this petition is as to whether a person who is in the regular employment of the State Government can also be appointed as a Lambardar by the Collector under the Punjab Land Revenue Act or not. In the present case, respondent Jiwan Singh son of Gurdit Singh, resident of village Malaaajra, Tehsil Samrala, District Ludhiana, who was serving as the Inspector, Co-operative Societies, under the Co-operative Department of the Punjab Government, also staked his claim for appointment as Lambardar. The learned Collector, vide his order dated 10th June, 1985, rejected the candidature of Jiwan Singh for appointment as Lambardar for the simple reason that he was a Government servant. The appeal filed, by Jiwan Singh against the order of the Collector before the Commissioner, Patiala Division, was also dismissed. Jiwan Singh preferred a revision petition before the Financial Corfimissioner Appeals who, vide his order dated 22nd September, 1987, accepted the same” and set aside the orders of the Collector and the Commissioner and remanded the case to the Collector, Ludhiana, for fresh decision as, according to the learned Financial Commissioner, a Government servant was not disqualified for appointment as Lambardar and had every right of being considered for the same if he was otherwise suitable for the post. This order of the Financial Commissioner has been challenged by Sukhroinder Singh whose appointment has been set aside by the Financial Commissioner by the aforesaid order.
2. Mr. B. S. Khoji, learned counsel for the petitioner, has vehemently stressed that under Rule 3.10 of the Punjab Civil Services Rules, Volume I, Part I, the whole time of a Government employee is at the disposal of the Government. Therefore, according to the learned counsel, a Government servant who is whole time at the disposal of the Government, cannot be appointed to another post, that is, of Lambardar, without violating the provisions of Rule 3.10 ibid.
3. We do not find any merit in the contention of the learned counsel. To be in the service of the Government, cannot be a disqualification for appointment as Lambardar, especially when the post of a Lambardar is itself a civil post and dismissal or removal therefrom also attracts the provisions of Article 311 of the Constitution of India as the same are attracted in the case of other Government servants. Moreover, the provision for appointment of a Sarbarah Lambardar itself indicates that the actual performance of duties of the office of Lambardar can be done by a person other than the Lambardar himself, meaning thereby that if a Government servant is appointed as Lambardar, his appointment as Lambardar will not in any way interfere in the discharge of his duties as a Government servant, Therefore, we are in complete agreement with the view taken by the learned Financial Commissioner Appeals, that a Government servant is fully eligible for appointment as Lambardar and he cannot be ignored only on that account if he is otherwise eligible and suitable for that post.
4. In view of the aforesaid position, we do not find any merit in the” writ petition and dismiss the same. No costs.
