JUDGMENT :

SANJAYA KUMAR MISHRA, J.

1. The matter has been referred to the Larger Bench for determining the following questions:

(i) Whether in those case, where the death has taken place much prior in time i.e. beyond period provided under Rules, and the claim is raised beyond the period prescribed within the Rule 5 of the Rule of 1974, by a married lady, who has not been brought within the definition of a family, as a consequence of the judgment of the Full Bench in Special Appeal No. 187 of 2017, could still be considered irrespective of the provisions contained under Rule 5 of the Rules of 1974?

(ii) Whether the implications of the judgment of the Full Bench, whereon the basis of the principles of gender discrimination, the married daughter was brought within the definition of the family for the purposes of consideration of the claim of compassionate appointment under the Rules of 1974. Whether the implications of the judgment could be made applicable retrospectively in relation to even those cases, where death has chanced, much prior to the period prescribed under Rule 5 of the Rules of 1974 and the judgment would have procedural retrospective applicability?

2. The facts of the cas