Why Supreme Court Refused To Stay Kerala High Court Ruling On Late MLA Son’s Job

The Supreme Court on Monday declined to stay the 2021 ruling of Kerala High Court that invalidated the state cabinet’s decision to grant a government job to R. Prasanth, son of the late CPI(M) MLA K. K. Ramachandran Nair.

Setback for the Chief Minister Pinarayi Vijayan

This decision marks a setback for the Chief Minister Pinarayi Vijayan-led government. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar dismissed the Kerala government’s plea to put the High Court’s judgment on hold.

However, the bench provided a limited reprieve, stating that Prasanth would not be required to return the salary and benefits he received as an assistant engineer in the Public Works Department (PWD) from the time of his appointment in 2018 until the High Court’s cancellation order. The state government was represented in the case by advocate C. K. Sasi.

Kerala High Court 2021 judgment

In its 2021 ruling, the Kerala High Court declared the appointment unconstitutional, reasoning that an MLA, due to their elected five-year tenure, does not qualify as a government servant. The court further held that the “dying in harness” provision, which facilitates job appointments for dependents of deceased government employees, could not be applied in this instance.

The High Court expressed concern that such appointments could establish a troubling precedent, potentially enabling the state government to extend similar privileges to children of public office holders, such as panchayat presidents, under comparable provisions.

Kerala High Court had noted such practices disadvantage qualified candidates

The judgment emphasized that the appointment violated Articles 14 and 16 of the Constitution, which guarantee equality before the law and equal opportunity in public employment. It also noted that such practices could disadvantage more qualified candidates for government positions.

The case had sparked significant debates within and beyond the Kerala Assembly. K. K. Ramachandran Nair, a first-time legislator from the Chengannur Assembly constituency, was elected in 2016 and passed away in 2018 due to health complications. The decision to provide his son with a government job drew criticism, though Chief Minister Vijayan defended it as an act of compassion.

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