New Delhi/Thiruvananthapuram, Dec 2 In a setback for Kerala Chief Minister Pinarayi Vijayan, the Supreme Court on Monday refused to stay the Kerala High Court ruling, cancelling the state cabinet decision to give a government job to the son of late CPI-M MLA K.K. Ramachandran Nair.
The High Court decision came in 2021 and the Vijayan government approached the apex court to stay the judgment, but on Monday, a bench, headed by Chief Justice Sanjiv Khanna, refused its plea.
The only saving grace was when the apex court did not press for the pay and benefits that Nair's son R.Prasanth received as an Assistant Engineer in the Public Works Department from 2018 till the high court order, to be repaid.
Prasanth was given the job soon after his father passed away in 2018 and it led to huge criticism from several quarters. A petitioner from Palakkad, Ashok Kumar filed a plea in this regard in the high court and in 2021, it ruled that an MLA is not a government servant as they have an elected term of only five years. Hence, it held that a government job under the dying in harness mode is not applicable and cancelled the appointment.
The high court then also pointed out that the appointment would create a bad precedent and give the state government a free hand to give appointments to children of persons holding various posts right from a panchayat president.
It was held that the government's decision violated provisions of Articles 14 and 16 of the Constitution, and if it was upheld, there would be nothing but absolutely crippling equality and equal protection of laws, making the qualified candidates wait outside to get a government job.
But the Vijayan government soon filed an appeal petition in the apex court but got no relief.
A first-time legislator, Nair was elected from the Chenganoor Assembly constituency in the 2016 Assembly polls but passed away in 2018 following health issues. The government job for his son had surfaced both inside and outside the Assembly, but Vijayan stuck to his decision.
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