Setback for Kerala chief minister Pinarayi Vijayan as SC cancels govt job of late CPM MLA’s son

New Delhi/T'puram: In a setback for 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 govt job to the son of the late CPM MLA K K Ramachandran Nair.

The high court decision came in 2021 and the Vijayan govt 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 that 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 govt servant as they have an elected term of only five years. Hence, it held that a govt job under dying-in-harness mode is not applicable and cancelled the appointment.

The high court also pointed out back then that the appointment would create a bad precedent and give the state govt a free hand to give appointments to children of persons holding various posts right from a panchayat president.

It was held that the govt's decision violated provisions of Articles 14 and 16 of the Constitution, and if it was upheld, there would be nothing but absolutely crippling of equality and equal protection of laws, making the qualified candidates wait outside to get a govt job.

But the Vijayan govt soon filed an appeal petition in the apex court.

A first-time legislator, Nair was elected from the Chengannur assembly constituency in the 2016 assembly polls but passed away in 2018 following health issues. The govt job for his son had surfaced both inside and outside the assembly, but Vijayan stuck to his decision.

Sudhakaran demands CM's resignation

Close on the heels of the Supreme Court finding abuse of power and favouritism by the state govt in the appointment of former Chengannur MLA K K Ramachandran Nair's son, state Congress chief K Sudhakaran has demanded the immediate resignation of chief minister Pinarayi Vijayan.

"Nepotistic appointments are a right for govt employees, and ministers do not have the power to grant them to party members or relatives," Sudhakaran said.

The Pinarayi govt appointed numerous party members through favouritism and nepotism. Almost all university appointments were given to the wives of DYFI leaders. Ministers like E P Jayarajan and K T Jaleel had to resign over nepotistic appointments. Sudhakaran pointed out that the chief minister supported all these actions, making his resignation imperative, he said.