Yashpal vs State of H.P. and Others

Kurian Joseph, C.J.—The writ petition is filed with the following prayers:

b) That the Respondents be directed by a writ in the nature of mandamus, to offer the post of daily waged Clerk to the present Petitioner, in accordance with the law laid down by this Hon''ble court, and by treating his case on the same line as that of said Sh. Des Raj, who has been appointed to the said post by virtue of order dated 22.1.2008.

c) That the instant petition may kindly be allowed with costs and the Respondents be directed to appoint the Petitioner as daily waged Clerk w.e.f. 1.1.2006 with all the attendant and consequential benefits.

According to the Petitioner, he is duly qualified for being appointed as daily waged Clerk. However, he has been offered only the post of Beldar. We have made it clear in several judgments that it is not invariably necessary that on offering compassionate appointment, the same shall only be to Class IV post. In case the incumbent is otherwise qualified, the compassionate appointment can be made subject to availability of vacancy, in the lowest rung of Class III post. As far as the present case is concerned, the similarly situated person has already been granted appointment as daily waged Clerk. Therefore, there will be a direction to the second Respondent to look into all these aspects and 2 take appropriate action without discriminating the Petitioner. The needful, as above, shall be done within a period of one month from the date of production of a copy of this judgment along with copy of the writ petition, by the Petitioner before the second Respondent.

The writ petition is disposed of, so also the pending application''s, if any.