Rajendra Menon, J.

1. In the light of the decision rendered in T. Swamy Dass v. Union of India and Ors. 2002 (2) MPHT 320, and the perceptual shift with regard to 'compassionate appointment' and the recurring problem that is faced during the process of adjudication, a Division Bench to put the controversy to rest, referred the following singular question with alternatives to be addressed by a larger Bench:

In a case of compassionate appointment pursuant to the death of a deceased employee, which policy of the Government is to be applied:

1. The policy prevailing at the time of the death of employee?

OR

2. The policy prevailing at the time of application for compassionate appointment?

OR

3. The policy prevailing at the time of consideration of the application for compassionate appointment?

2. Facts, in brief, are that the Respondent, Manoj Kumar Deharia, filed a writ petition before Appellant claiming compassionate appointment and seeking quashment of an order-dated 31.5.2004 passed by the Appellant-bank, rejecting his claim. It was the case of the Respondent that his father, Late Lochan Singh Deharia, while working as a clerk, died in harness on 1.11.1996. On 28.11.1996, he submitted