Question 1? What is the applicable norm to consider for compassionate appointment—those prevailing at the time of application or at the time of death of the government servant? Question 2? What is the scope and effect of Rule 5 amended provisions (1.04.1999) and Rule 9(3) for applications filed by minor dependants who had not attained majority within one year from death? Question 3? What are the rights of dependants seeking compassionate appointment when their applications were filed in contravention of amended Rules—are they eligible for consideration under transitional provisions?

- (!) The judgment holds that the norms prevailing on the date of consideration of the application, not the date of death, should govern compassionate appointment claims. (Paras discussing the basis for consideration) - (!) Amendment to Rule 5 (1.04.1999) introduced an outer time limit of one year from the date of death for minor dependants to apply; belated applications beyond this period are ineligible. (Background and analysis of Rule 5 amendments) - (!) Rule 9(3) is a transitional provision extending time for applications filed within certain windows, but it does not cover applications contravening amended Rule 5; such cases are not eligible under the transitional provision. (Discussion of Rule 9(3) and transitional applicability) - (!) Compassionate appointment is an exception to equal opportunity norms under Articles 14 and 16, and eligibility hinges on compliance with the amended Rules; appointments previously made dehors the Rules are liable to cancellation. (Legal principle and outcome) - (!) The conclusions affirm the Tribunal and High Court rulings that the appellants were ineligible for compassionate appointment when their applications were considered under the amended provisions. (Final holding) - (!) The judgment references related precedents clarifying whether norms applicable on death or consideration date should apply, aligning with the view that consideration-date norms prevail. (Contextual jurisprudence)

Question 1?

What is the applicable norm to consider for compassionate appointment—those prevailing at the time of application or at the time of death of the government servant?

Question 2?

What is the scope and effect of Rule 5 amended provisions (1.04.1999) and Rule 9(3) for applications filed by minor dependants who had not attained majority within one year from death?

Question 3?

What are the rights of dependants seeking compassionate appointment when their applications were filed in contravention of amended Rules—are they eligible for consideration under transitional provisions?