IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 1928 of 2009. Decided on: 19th June, 2010. Ravinder Kumar. ….. Petitioner. Versus State of H.P. and others. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioner : Mr. Vikas Bhardwaj, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers: “(b) That the respondents be directed by a writ in the nature of mandamus, to offer the post of daily waged Clerk to the present petitioner, by treating his case on the same line as that of said Sh. Des Raj, who has been appointed to the said post by virtue of order dated 22.1.2008. (c) That the instant petition may kindly be allowed with costs and the respondents be directed to appoint the petitioner as daily waged Clerk immediately and with all the attendant and consequential benefits.” According to the petitioner, he is duly qualified for being appointed as daily waged Clerk. However, he has been offered only the post of Beldar. We have made it clear in several judgments that it is not invariably necessary that on offering compassionate appointment, the same shall only be to Class IV post. In case the incumbent is otherwise qualified, the compassionate appointment can be made subject to availability of vacancy, in the lowest rung 2 of Class III post. As far as the present case is concerned, the similarly situated person has already been granted appointment as daily waged Clerk. Therefore, there will be a direction to the second respondent to look into all these aspects and take appropriate action without discriminating the petitioner. The petitioner may produce a copy of this judgment along with a copy of the writ petition before the second respondent. The needful, as above, shall be done within a month from the date of production of a copy of this judgment. The writ petition is disposed of, so also the pending applications, if any. Dasti copy. (Justice Kurian Joseph), Chief Justice 19th June, 2010 ( Justice Kuldip Singh), (tr/khem) Judge.