Sr. No. 43
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 1455/2024
CM No. 3568/2024
Ashwant Kumar Petitioner(s)/Appellant(s)
…..
Through: Mr. N.D. Qazi, Advocate
Vs
.…. Respondent(s)
UT of J&K and others
Through: Ms. Priyanka Bhat, Advocate vice
Mrs. Monika Kohli, Sr. AAG
Coram: MOHD. YOUSUF WANI, JUDGE
HON’BLE MR. JUSTICE
ORDER
28.06.2024
1. The case as projected by the petitioner is that the post of Lambardar for
village Bharoti, Tehsil Drabshalla, District Kishtwar, became vacant with
effect from 10.03.2023, when the then Lambardar reached the age of
superannuation. Pursuant to the retirement of the ex-Lambardar upon his
reaching the outer age limit of 60 years, the respondent No. 3 recommended
his name as temporary Lambardar for the village Bharoti to the respondent
No. 2, but the latter has slept over the matter being unmindful of the fact that
post of Lambardar cannot be allowed to remain vacant for any indefinite
period.
2. Learned counsel for the petitioner invited the attention of the Court towards a
communication made by respondent No. 3 to respondent No. 2 on the subject
of appointment of Lambardar/Chowkidar in respect of Tehsil Drabshalla,
which reflects the name of the petitioner at serial No. 6 as
proposed/recommended Lambardar for village Bharoti.
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3. This Court is of the opinion that matter can be disposed of at this threshold
stage by addressing the grievance of the petitioner with a direction to the
respondent No. 2 to consider the recommendation of respondent No. 3
regarding the appointment of the petitioner as temporary Lambardar for
village Bharoti Saroor, Tehsil Drabshalla, District Kishtwar.
4. Accordingly, the instant petition is disposed of with a direction to the
respondent No. 2 i.e. Deputy Commissioner, Kishtwar to consider under law
the recommendation of the respondent No. 3-Tehsildar Drabshalla, made to
him vide No. NTD/2022-23/412 dated 25.02.2023 in respect of the petitioner
at serial No. 6 of the same within a period of four weeks.
5. Disposed of.
(A (MOHD. YOUSUF WANI)
JUDGE
Jammu
28.06.2024
Vishal