The Supreme Court dismissed the Kerala government’s plea challenging a High Court decision that quashed the controversial appointment of a former CPI(M) leader’s relative to a prominent post in a state-run PSU. The High Court had previously ruled that the selection violated norms, prompting criticism over alleged nepotism. The apex court’s decision upholds the High Court’s findings, reinforcing the need for transparency in public appointments.
New Delhi: The Supreme Court declined to stay the Kerala High Court’s 2021 ruling that invalidated the state cabinet’s decision to grant a government job to R Prasanth, the son of the late CPI(M) MLA K K Ramachandran Nair.
This ruling marks a setback for Chief Minister Pinarayi Vijayan’s administration, as a bench led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar dismissed the state government’s request for a stay on the high court’s judgment.
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However, the bench did offer a slight reprieve, stating that the salary and benefits Prasanth received as an assistant engineer in the PWD since his 2018 appointment would not be reclaimed following the high court’s cancellation order.
The Kerala government represented by lawyer C K Sasi. In its 2021 ruling, the high court deemed Prasanth’s appointment unconstitutional, clarifying that an MLA does not qualify as a government servant due to their elected five-year term.
The court ruled that the “dying in harness” provision, which allows dependents of deceased government employees to secure jobs, was not applicable in this case. It cautioned that such appointments could set a dangerous precedent, potentially allowing the state government to employ children of public office holders, including panchayat presidents, under similar provisions.
The high court emphasized that the decision violated Articles 14 and 16 of the Constitution, which guarantee equality and equal protection under the law, arguing that it could disadvantage more qualified candidates for government positions.
This issue had sparked significant debate within and outside the Kerala Assembly. Nair, who was a first-time legislator representing the Chengannur assembly seat, elected in 2016 and passed away in 2018 due to health complications.
The decision to offer his son a government job faced criticism, but CM Vijayan defended it as a compassionate gesture.
The controversy revolves around the Kerala government’s choice to appoint R. Prasanth, the son of the late CPI(M) MLA K.K. Ramachandran Nair, as an Assistant Engineer (Electric) in the Public Works Department (PWD) on compassionate grounds.
This decision faced legal scrutiny in the Kerala High Court, which annulled the appointment in December 2021, highlighting that it contravened established norms and procedures.
The court stressed that compassionate appointments are meant for the dependents of deceased government employees, not for elected officials. It argued that granting such benefits to the relatives of MLAs would be unfair to other qualified candidates.
In response, the Kerala government appealed the High Court’s decision to the Supreme Court, which, in December 2024, chose not to stay the High Court’s ruling, thereby affirming the annulment of Prasanth’s appointment.