Law Insider India

Legal News, Current Trends and Legal Insight | Supreme Court of India and High Courts

Kerala HC: Appointment of MLA’s kin in government services will be partiality to qualified candidates

2 min read

Nishka Srinivas Veluvali –

Published On: December 07, 2021 at 19:30 IST

The Kerala High Court stated that generating supernumerary positions and appointments for the MLA’s dependants in the Government will demolish equality and make the qualified candidates lose their chance to secure the position or government job.

The Division of Bench including Justice S. Manikumar and Shaji P. Chaly issued the Order following the hearing a Plea challenging the appointment of R. Prasanth son of the former Communist Party of India (Marxist) MLA late K.K. Ramachandran Nair, in the government service.

The Bench had directed the Kerala Government to dismiss Prasanth, who was appointed a supernumerary post of Assistant Engineer (electronics) in the public works department.

The Petition requesting a legal action against the appointment and one M. Ashok Kumar had asserted that the appointed that was made out of sympathy was illegal as the late MLA was not a government employee.

The Court stated that any person desiring to become government servant has to take written tests and interviews while Prasanth was appointed out of the only reason that he is the kin of the late MLA.

The fact of appointing Prasanth on a higher position violates law and overthrows the rules made, the Court claimed while opposing the occurrence.

It was also observed by the Court that Kerala Cabinet took the decision to appoint Prashant to the mentioned position even prior to submission of his application.

The Bench also Ordered that the guidelines to be issued to ensure government servant’s families do not face any financial hardships but cannot extend the same to the relatives of the government employees.