IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 656 of 2011 Decided on: February 26, 2011. Surinder Mehta. ….Petitioner Versus State of H.P. & Anr. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K.Ahuja, Judge. For the petitioner: Mr. V.D.Khidta, Advocate. For the Respondents: Mr. R.K. Bawa, A.G. with Mr. J.K. Verma, Dy. A.G. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The writ petition is filed mainly with the following prayers: “ i) That the writ in the nature of certiorari may kindly be issued and the impugned order dated 06.08.2010 (Annexure P-9) may kindly be quashed and set aside. ii) That writ in the nature of mandamus may kindly be issued directing the respondents to consider the candidature of the petitioner for being appointed as Class-III daily wage clerk from the date of initial appointment, that is with effect from 9.2.2006 and may kindly be directed to pay the consequential benefit accrued to the petitioner including the seniority and further promotion made, if any, to the other similar situated persons like Nagender Singh who have been given benefit after the judgment passed by this Hon’ble Court on 12.11.2009 in CWP(T) No. 15008/2008.” 2. It is the grievance of the petitioner that despite availability of the vacancy at the relevant time, the petitioner had been offered only appointment as Beldar. It is the stand of the State that compassionate appointment is given only as Beldar. In several cases this Court has held that the policy does not invariably require that the compassionate appointment should be given only under Class-IV category. In case the incumbent is otherwise qualified and in case there is vacancy available in Class-III, the incumbent can be appointed in lowest rung of Class-III. There will be a direction to the second respondent to examine the case of the petitioner in the light of what we have held above and in case the petitioner is otherwise qualified to hold the post of Clerk and in case vacancy was available, 2 the petitioner shall be given appointment in the lowest rung of Class-III. However, we make it clear that the petitioner shall not be entitled to arrears on account of retrospective appointment and it shall be notional only. 3. The Writ Petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. February 26, 2011. ( Justice V.K. Ahuja ), (karan/vs) Judge.