Supreme Court Upholds Kerala HC Verdict Invalidating Job for CPI(M) MLA’s Son, Grants Partial Relief

The Supreme Court on Monday upheld the Kerala High Court’s 2021 decision invalidating a government job appointment for R. Prasanth, son of late MLA K. K. Ramachandran Nair.

The ruling dismissed the Kerala government’s plea for relief, marking a significant setback for the Pinarayi Vijayan-led administration.

Compassionate Grounds Challenged

The bench, comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, refused to stay the High Court’s order that declared the appointment unconstitutional.

The court ruled that the “dying in harness” provision, typically used to offer jobs to dependents of deceased government employees, did not apply to an MLA’s family members.

Violation of Constitutional Articles

The Kerala High Court earlier found the appointment to violate Articles 14 and 16 of the Constitution, which ensure equality before the law and equal opportunity in public employment.

The court expressed concerns that such practices could disadvantage more qualified candidates and set a dangerous precedent.

Kerala High Court’s 2021 Ruling

In its original 2021 judgment, the Kerala High Court invalidated the state cabinet’s decision to appoint Prasanth as an assistant engineer in the Public Works Department (PWD).

The court reasoned that MLAs, as elected representatives, do not qualify as government employees and are therefore ineligible under the “dying in harness” provision.

The court warned that extending such benefits to children of public office holders, including panchayat presidents, could lead to arbitrary appointments, undermining the principles of meritocracy in government employment.

The High Court’s decision sparked debates, particularly within the Kerala Assembly, as it questioned the fairness of granting government positions under special provisions without adhering to constitutional norms.

Supreme Court’s Observations

The Supreme Court echoed the High Court’s concerns, emphasizing that public appointments must adhere to constitutional safeguards.

The bench noted that allowing such exceptions would compromise the principles of equality and fairness, effectively sidelining deserving candidates who compete for government jobs.

However, the court offered a minor reprieve, ruling that Prasanth would not be required to return the salary and benefits he received during his tenure as an assistant engineer, from 2018 until the High Court’s cancellation order.

State Government’s Arguments Dismissed

The Kerala government argued that under Article 39 of the Kerala Subordinate Service Rules, it could create a new post to accommodate Prasanth.

The state contended that the High Court’s decision to terminate his employment on the basis of a public interest petition was legally flawed.

Despite these arguments, the Supreme Court dismissed the plea, reinforcing the necessity for strict adherence to constitutional principles in public appointments.

Backstory and Public Debate

K. K. Ramachandran Nair, the late CPI(M) MLA from Chengannur, was a first-time legislator elected in 2016. He passed away in 2018 due to health issues.

Following his demise, the state cabinet approved the appointment of his son Prasanth as an assistant engineer in the PWD, citing compassionate grounds.

The decision drew criticism from various quarters, with opposition leaders and public policy experts arguing that such appointments could erode public trust in the recruitment process.

Despite the backlash, Chief Minister Pinarayi Vijayan defended the appointment, describing it as a compassionate gesture.