Shukla, J. -- 1. In view of the divergent views of two Division Bench of this Court in Writ Appeal No. 326/2017 (Madhya Pradesh Electricity Board v. Chandra Bosh Tripathi) and a Division Bench at Gwalior Bench of this Court in Writ Appeal No. 326/2015 (Nishar Ahmed v. State of M.P.) the following question was referred to the Larger Bench :

“Whether the right for consideration of compassionate appointment is a vested right?” and “in case of consideration of case of compassionate appointment pursuant to death of deceased employee, whether the policy prevailing at the time of death of employee or the policy prevailing at the time of application for compassionate appointment would be applicable?”.

2. The Division Bench at Jabalpur in Writ Appeal No. 326/2017 (Madhya Pradesh Electricity Board v. Chandra Bosh Tripathi) following the ratio laid down by the Full Bench of this Court in the case of Bank of Maharashtra and others v. Manoj Kumar Dehria and another [2010(4) MPHT 18(FB)] held that the policy of compassionate appointment prevailing at the time of consideration of the application shall be applicable and not the policy prevailing at the time of death of the Government Servant