In a landmark judgment, the Supreme Court has upheld the Kerala High Court’s decision that annulled the appointment of R Prasanth, the son of the late CPI(M) MLA K K Ramachandran Nair, to a government position. The High Court had previously declared the appointment unconstitutional, a ruling that the Supreme Court refused to stay, marking a significant legal and political setback for the Kerala government led by Chief Minister Pinarayi Vijayan.
The case originated from a controversial decision by the Kerala state cabinet, which had appointed Prasanth as an Assistant Engineer in the Public Works Department (PWD) in 2018 on compassionate grounds after the death of his father. This appointment was challenged in the courts on the grounds that it violated constitutional provisions ensuring equality and equal protection under the law.
The High Court, in December 2021, ruled that the “dying in harness” policy, which typically allows dependents of deceased government employees to secure government jobs, did not apply to Prasanth. The court noted that an MLA, such as Prasanth’s father, does not qualify as a government servant due to the elective and temporary nature of the position. It warned that extending such benefits to elected officials could set a precedent allowing children of other public office holders, including panchayat presidents, to receive similar appointments under this provision.
Further, the High Court highlighted that the appointment breached Articles 14 and 16 of the Indian Constitution, which guarantee equality before the law and equal opportunities in public employment, respectively. The ruling emphasized that such an appointment could unfairly disadvantage more qualified candidates.
While the Supreme Court’s decision represents a reaffirmation of constitutional principles, it also provided a small measure of relief to Prasanth, stating that the salary and benefits he had received since his appointment would not be reclaimed.
