IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No.225 of 2011. Decided on: July 8, 2011. State of H.P. & ors. Vrs. Kishori Lal. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K.Sharma, Judge. For the appellants: Mr. R.K. Bawa, AG with Mr. Ankush Dass Sood, Addl. AG with Mr. J.K. Verma, Dy. AG. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) CMP(M) No. 748 of 2011 This is an application for condonation of delay in filing the appeal. The appeal is filed by the State. It is seen from the judgment that the learned Single Judge has only directed the consideration of the case of the writ petitioner for appointment in Class-III post while offering compassionate appointment. It is now settled law that subject to availability of vacancy and subject to the qualification of the applicant, the compassionate appointment can be given in the lowest rung of Class-III post. Consideration in that regard only was directed by the learned Single Judge. In that view of the matter, it is not necessary to issue notice to the writ petitioner since there is absolutely no merit as well. Accordingly the application is dismissed. LPA No. 225 of 2011 In view of the order passed in CMP(M) No. 748 of 2011, the appeal is dismissed. (Justice Kurian Joseph), Chief Justice. July 8, 2011. ( Justice V.K.Sharma ), (karan/vs) Judge.