The reference

Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—By a referring order of a Division Bench dated 5 August 2015, the following questions of law have been referred for adjudication by the Full Bench (The questions have been modified in slight detail by the Full Bench to bring out succinctly the nature of the controversy) :

1. Where a person is granted compassionate appointment as a member of the family of a deceased employee of the Government who has died in harness in relaxation of the normal rules for recruitment, is it not necessary that even a compassionate appointee be placed on probation in the first instance, in the same manner as any other direct recruit, since the provision pertaining to appointment on probation has not been excluded or exempted in the case of a compassionate appointment;

2. Since an appointment on compassionate grounds on probation is also a regular appointment and a person appointed as such is not offered a temporary appointment, whether there is any violation of law or principle in appointing a person in this category on probat