IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 8613 of 2010 Decided on: December 31, 2010. Sanjay Kumar ….Petitioner Versus State of H.P. & ors. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge. For the petitioner: Mr. Rakesh Kumar Dogra, Advocate. For the Respondents: Mr. R.K. Bawa, A.G. with Mr. Ankush Dass Sood, Addl. A.G. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers:- “a) That a writ of mandamus may kindly be issued and directing the respondents to appoint the petitioner on compassionate grounds 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 Clerks in similar circumstances. It is not required that the compassionate 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 representation before the second respondent. Therefore, the Writ Petition is disposed of as follows: In the event of the petitioner filing 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 shall be taken within another one month. 2 3. The Writ Petition is disposed of, so also the pending application(s), if any. Copy Dasti. (Justice Kurian Joseph), Chief Justice. December 31, 2010. ( Justice V.K. Sharma ), (karan/vs) Judge.