IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2265 of 2011. Decided on: 7.7.2011. __________________________________________________________ Parmeshwar Sharma … Petitioner. Versus State of H.P & others. … Respondents. __________________________________________________________ Coram: Hon’ble Mr. Justice Kurian Joseph, Chief Justice. Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioner : Mr. M.L. Sharma, Advocate. For the respondents : Mr. R.K. Bawa, A.G. with Mr. Ankush Dass Sood, Addl. A.G. and Mr. J.K. Verma, Dy.A.G. for the respondents-State. ___________________________________________________________ Justice Kurian Joseph, C.J. (Oral). The petition is filed with the following prayer:- “To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to appoint the petitioner on the post of Constable in District Kullu in pursuance of the test and interview held in response to the advertisement Annexure P/1 which provides for reservation of 5% posts by direct recruitment for compassionate employment.” 2. In reply on behalf of respondents No. 1 to 3, it is stated as follows, vide paras 2 and 3:- “2. That the contents of this para are admitted to the extent that the father of the petitioner was serving in Police Department and died in harness on 25.6.05. The petitioner applied for employment assistance on compassionate grounds against the post of Clerk and not as Constable as contended. His name figured at Sr. No. 43 of the waiting list which has been prepared by the department. On the basis of death of the employee, he could not be given appointment on compassionate grounds for want of vacancies of Clerks. In the year 2008 the Govt. has amended the policy of employment assistance on compassionate grounds and only 5% vacancies are to be filled in on compassionate grounds. 3. That contents of this para are admitted to the extent that the respondent No.2 issued advertisement for recruitment of Constable. However, the petitioner had no 2 cause to be recruited as Constable on compassionate grounds against the vacancies which are to be filled by competitive examination.” 3. According to the petitioner he had applied for the post of Constable in District Kullu and he is at Sr. No. 5 in the waiting list, as can be seen from Annexure P-6. The petitioner submits that he is willing to serve as a Constable any where in the State of Himachal Pradesh. 4. Since compassionate appointment can be given to 5% of the vacancies, now the petitioner has expressed his willingness to work as a Constable, it is only appropriate that the 2nd respondent considers the case of the petitioner with required indulgence, being a matter of compassionate appointment since the petitioner is otherwise eligible. Therefore, writ petition is disposed of as follows:- In the event of the petitioner filing a fresh representation expressing his willingness to be appointed as a constable any where in the State of Himachal Pradesh, on compassionate grounds, subject to the availability of the vacancy to the extent of 5% of the cadre of Constables and in case the post of Constable is otherwise available, the petitioner will be considered for appointment as Constable in any available vacancy in the State of Himachal Pradesh. This shall be done within a period of three months from the date of production of copy of this judgment along with an appropriate representation before the 2nd respondent. 5. The writ petition is disposed of, so also the pending application(s), if any. Copy dasti. (Justice Kurian Joseph) Chief Justice. (Justice V.K. Sharma) July 7, 2011. Judge. (cr/virender)