. Sandeep Kaur Vs. State of Himachal Pradesh and others a/w connected matter. CMP No. 15993 of 2023 in CWP No. 4304 of 2023 a/w Exe. Pt. No. 292 of 2023 Item No. (D-2) 01.08.2025 Present: Mr. P.D. Nanda, Advocate, for the non-applicant/petitioner. Ms. Priyanka Chauhan, Deputy Advocate General, for respondent No.1-State. Mr. Vijay Kumar Arora, Senior Advocate, with M/s Godawari, Gaurav Kumar, Hitansh Raj and Aastha Kohli, Advocates, for applicants/respondents No.2 & 3. CMP No. 15993 of 2023 in CWP No. 4304 of 2023 The present application has been filed for modification of order dated 26.07.2023 on behalf of respondents No.2 and 3. In sum and substance, the prayer made in the application is that in the operative part of the said order, there is a reference that the respondents were directed to provide such compassionate appointment to the petitioner. The applicants seek deletion of the word ‘such’. The same is apparently based on the premise that they do not wish to grant the appointment of the Clerk, to which the writ petitioner had sought and now offered her the appointment of a Class-IV employee, i.e., as Peon on daily wage basis at Rs. 350/- per day, on compassionate grounds. Learned Senior Counsel appearing for the applicants has tried to argue that if the benefit of Class-IV instead of Class-III is to be given, the applicant has to be relegated to a wait list and she would not be in the zone of consideration since there are more applicants over and above her in the seniority list and she figures at Sr. No. 19 out of the 31 applicants. It is to be noticed that the father of the writ petitioner/non-applicant had died on 16.07.2020, who was working as a Forest Guard with the Department since 13.01.1998 and had died after rendering 21 years and 6 months service and she had immediately applied for compassionate appointment after the death of her father. The non-applicant/writ petitioner asserts that she is one of the two daughters, who had applied for the post of the Clerk to mitigate her hardship, since her mother was also alongwith her. The rejection dated 07.06.2023, Annexure P-5, as such, initially was on the ground that the documents were not as per the Compassionate Policy, which was the subject matter of challenge. Apparently in the reply, a new ground as such was taken that the writ petitioner was supposed to be a resident of Himachal Pradesh as per the check list of the revised Policy and in such circumstances, writ petition was allowed, quashing the order and directions were issued to provide such compassionate appointment within four weeks, on the ground that it was violative of Article 16(2) of the Constitution of India. No plea, as such, is taken at the first instance that she had been put on the wait list and there are seniors to accommodate. Now, for the first time, the present stand has been taken by filing the instant application. We are of the considered opinion that the application is misconceived and only the sole purpose is to ensure that the daughter of the deceased-employee, who does not stay in Himachal Pradesh but stays in the adjoining area at Bharatgarh, Punjab, does not even take up the offer of the Class-IV appointment dated 05.09.2023, which is at a paltry amount of Rs. 350/-. It is apparently an effort thus to deny compassionate appointment in spite of the fact that the father of the writ petitioner had served the Department over two decades as a Class-III employee. It only goes on to show that the attitude of the applicants is to frustrate the Compassionate Policy as such and rather than to further it. Resultantly, we dismiss the application for modification of order dated 26.07.2023. The respondents are directed to implement the order dated 26.07.2023 within a period of two months from today and a compliance report to this effect be submitted to the Court. Exe. Pt. No. 292 of 2023 Keeping in view order passed in CMP No. 15993 of 2023 above, this execution petition filed by the writ petitioner, has been rendered infructuous and is accordingly disposed of. (G.S. Sandhawalia) Chief Justice. (Ajay Mohan Goel) Judge. August 01, 2025 (Shivank Thakur)