IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 238 of 2011. Decided on: 14.7.2011. __________________________________________________________ State of H.P. and others. … Appellants. Versus Raj Kumar & another. … Respondents. __________________________________________________________ Coram: Hon’ble Mr. Justice Kurian Joseph, Chief Justice. Hon’ble Mr. Justice V.K. Sharma, Judge. For the appellants : Mr. R.K. Bawa, A.G. with Mr. Ankush Dass Sood, Addl. A.G For the respondents : None ___________________________________________________________ Justice V.K. Sharma, J. (Oral). Judgment dated 8.12.2010 rendered by a learned Single Judge of this Court in CWP (T) No. 7419 of 2008, Raj Kumar versus The Government of Himachal Pradesh and others, text whereof is as follows, is under challenge in the present Letters Patent Appeal:- “Petitioner is suffering disability to the extent of 40%. He has assailed the appointment of respondent No.4 as Part-Time Sweeper. Respondent No.4 was selected according to the reply filed by the respondent-State, on merit. The fact of the matter is that the petitioner should not have been overlooked only for the reason that he was handicapped having disability of 40%. Rather, his case should have been considered sympathetically. 2. Accordingly, the petition is disposed of with a direction to the respondent-State to consider the case of the petitioner sympathetically for the same post in any Government Ayurvedic Dispensary in and around his residence, taking into consideration his disability, within a period of two months from today. The pending application(s), if any, also stands disposed of. No costs.” 2. The direction issued by the learned Single Judge is “to consider the case of the petitioner sympathetically for the same post in any Government Ayurvedic Dispensary in and around his residence, taking into consideration his disability”. Such consideration can only be to consider the case of the respondent-writ petitioner in accordance with law and if he is otherwise eligible. 3. The appeal is disposed of accordingly with the observations as above. (Justice Kurian Joseph) Chief Justice. (Justice V.K. Sharma) July 14, 2011. Judge. (cr) 2