IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 229 of 2011. Decided on: 14th July, 2011. State of H.P. & others. …Appellants. Vs. Jitender Kumar Dhanotia. …Respondent. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Sharma, Judge. For the Appellants: Mr. Ankush Dass Sood, Addl. AG. For the Respondents: ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) CMP (M) 752 of 2011. This is an application for condonation of delay in filing the appeal against the judgment dated 21.7.2010 in CWP (T) No. 7240 of 2008. The learned Single Judge has directed consideration of the case of the writ petitioner for appointment in the lowest rung of Class III post while offering the appointment on compassionate grounds. The appointment in the lowest rung of Class III post while making appointment on compassionate grounds will depend on the availability of vacancy. Therefore, the State need not have any apprehension that in case as on the date of appointment of the writ petitioner there was no post available in Class III, the only post that could have been offered is in Class IV. It is the lone clarification required in the appeal. For that matter, the writ petitioner need not be 2 issued notice, since that is the law. Subject to the above clarification, the application for condonation of delay and the appeal are dismissed, so also the pending applications, if any. (Justice Kurian Joseph), Chief Justice 14th July, 2011. (Justice V.K. Sharma), (tr) Judge.