Kerala Chief Minister Vijayan Faces Setback as Supreme Court Nullifies Government Job for Deceased MLA's Son
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New Delhi/Thiruvananthapuram, Dec 2 (NationPress) In a significant setback for Kerala Chief Minister Pinarayi Vijayan, the Supreme Court on Monday chose not to stay the Kerala High Court ruling that annulled the state cabinet's decision to appoint the son of the late CPI-M MLA K.K. Ramachandran Nair to a government position.
The High Court made this ruling in 2021, and despite the Vijayan government appealing to the apex court for a stay on this judgment, a bench led by Chief Justice Sanjiv Khanna denied their request on Monday.
One positive aspect for the government was that the apex court did not require the repayment of the salary and benefits that Nair's son, R. Prasanth, had received as an Assistant Engineer in the Public Works Department from 2018 until the high court's order.
Prasanth was appointed to the position shortly after his father's death in 2018, which attracted significant criticism from various sectors. A petitioner from Palakkad, Ashok Kumar, filed a plea in this matter in the high court, which ruled in 2021 that an MLA does not qualify as a government employee since they serve an elected term of just five years. Therefore, it concluded that the appointment under the dying in harness provision was not applicable and nullified the job offer.
The high court also emphasized that this appointment could set a dangerous precedent and enable the state government to appoint the children of individuals in various positions, right from a panchayat president.
It was determined that the government’s decision breached the principles set forth in Articles 14 and 16 of the Constitution. If the ruling were to be upheld, it would undermine the fundamental principles of equality and equal protection under the law, leaving eligible candidates waiting for government employment.
Despite the high court's ruling, the Vijayan government quickly lodged an appeal with the apex court but received no favorable outcomes.
The late Nair was a first-time legislator who won the Chenganoor Assembly seat in the 2016 elections but sadly passed away in 2018 due to health complications. The controversy surrounding the job for his son had been a topic of discussion both inside and outside the Assembly, yet Vijayan remained firm in his stance.
