Supreme Court Refuses To Stay Kerala High Court Ruling On Late MLA Son's JobThe Supreme Court on Monday refused to stay the Kerala High Court's 2021 decision invalidating the state cabinet's decision to provide a government job to R Prasanth, son of late CPI(M) MLA K K Ramachandran Nair.
In a setback to the Chief Minister Pinarayi Vijayan-led government, a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar dismissed the Kerala government's plea for a stay on the high court's judgement.
The bench, however, gave a minor reprieve and said that salary and other benefits, received by Prasanth as an assistant engineer in the PWD since his appointment in 2018 until the high court's cancellation order, will not be demanded.
The state government was represented by lawyer C K Sasi.
In 2021, the high court ruled that the appointment was unconstitutional, stating that an MLA was not considered a government servant due to their elected five-year tenure.
The "dying in harness" provision, which allows dependent family members of government employees who died to receive jobs, was deemed inapplicable in this case, the high court said.
It emphasised that such appointments would set a dangerous precedent, potentially enabling the state government to appoint children of public office holders, including panchayat presidents, under similar provisions.
The high court said the decision violated Articles 14 and 16 of the Constitution, which ensure equality and equal protection under the law, potentially sidelining more qualified candidates for government jobs.
The issue had sparked widespread debates both inside and outside the Kerala Assembly.
Nair, a first-time legislator from Chengannur assembly seat, was elected in 2016 and passed away in 2018 due to health issues.
The decision to provide his son with a government job attracted criticism, but CM Vijayan stood firm, defending it as a compassionate gesture.
In a setback to the Chief Minister Pinarayi Vijayan-led government, a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar dismissed the Kerala government's plea for a stay on the high court's judgement.
The bench, however, gave a minor reprieve and said that salary and other benefits, received by Prasanth as an assistant engineer in the PWD since his appointment in 2018 until the high court's cancellation order, will not be demanded.
The state government was represented by lawyer C K Sasi.
In 2021, the high court ruled that the appointment was unconstitutional, stating that an MLA was not considered a government servant due to their elected five-year tenure.
The "dying in harness" provision, which allows dependent family members of government employees who died to receive jobs, was deemed inapplicable in this case, the high court said.
It emphasised that such appointments would set a dangerous precedent, potentially enabling the state government to appoint children of public office holders, including panchayat presidents, under similar provisions.
The high court said the decision violated Articles 14 and 16 of the Constitution, which ensure equality and equal protection under the law, potentially sidelining more qualified candidates for government jobs.
The issue had sparked widespread debates both inside and outside the Kerala Assembly.
Nair, a first-time legislator from Chengannur assembly seat, was elected in 2016 and passed away in 2018 due to health issues.
The decision to provide his son with a government job attracted criticism, but CM Vijayan stood firm, defending it as a compassionate gesture.