In a setback to LDF government in Kerala, the Supreme Court on Monday refused to stay the Kerala High Court order cancelling the state cabinet decision to appoint R Prasanth, son of late CPI-M MLA K.K. Ramachandran Nair in government service.
A Supreme Court bench, headed by Chief Justice Sanjiv Khanna, refused to interfere with the Kerala High Court order cancelling the state cabinet decision to appoint R Prasanth, son of late CPI-M MLA K.K. Ramachandran Nair, as assistant engineer in PWD and dismissed the petition filed by the Kerala government challenging the High Court order. The Supreme Court held that appointment under compassionate grounds are only for children of government employees. The court asked how an MLA’s son be given an appointment under compassionate ground.
The High Court division bench found that the appointment of Prasanth as assistant engineer in PWD was arbitrary and in violation of rules. State cabinet in 2018 decided to appoint Prasanth as an engineer following the demise of Ramachandran Nair who was the MLA representing Chengannur
The court found that the government violated provisions of Article 14 and 16 of the Constitution. If that happens, it would be nothing but absolutely crippling equality and equal protection of laws, making the qualified candidates wait outside to get a government job, the court observed.
Kerala government has approached the Supreme Court with an appeal challenging the Kerala High Court order. In the appeal filed in the Supreme Court, the state government pointed out that the High Court’s decision to order termination of the employee on a public interest petition was legally wrong. The state government in its plea argued that under Article 39 of Kerala Subordinate Service Rules, the state government can create a new post and appoint an eligible candidate The plea has now been dismissed by the Supreme Court.