IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 2585 of 2010. Decided on: 1st June, 2010. Kewal Singh. …….Petitioner. Versus State of H.P. & ors. …….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioner : Mr. Rakesh Kumar Dogra, Advocate. For the Respondents : Mr. R.K. Sharma, Sr. Addl. Advocate General for respondents No. 1 to 3. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The Writ Petition is filed with the following prayer:- “i) That a writ of mandamus may kindly be issued and directing the respondents to appoint the petitioner on compassionate ground on the post of Clerk instead of beldar as the similar situated persons have been appointed on the post of Clerk.” 2. According to the petitioner, he is entitled to have compassionate appointment as Clerk instead of Beldar since he is qualified and since many of the similarly situated persons have been given appointment as Clerk in similar circumstances. It is not required that the compassionate 2 appointment should be made only against the post of the Beldar. In case there is vacancy available and in case the incumbent is qualified, the person can be appointed in the lowest rung of Class-III post and this aspect has been clarified by this Court in several judgments. The petitioner seeks liberty to make an appropriate representation before the second respondent. Therefore, this writ petition is disposed of as follows:- In the event of the petitioner filing an appropriate representation within a period of three weeks from today, the matter be duly considered by the second respondent in the light also of the observations made in this judgment and appropriate action in accordance with law in the matter will be taken within another one month. (Justice Kurian Joseph), Chief Justice 1st June, 2010 ( Justice Rajiv Sharma), (tr/vs) Judge.