A Division Bench of the Kerala High Court on Friday quashed the appointment of the son of the late Chengannur MLA K.K. Ramachandran Nair in a supernumerary post of assistant engineer (electric) in the Public Works Department as a special case. The court issued the order as it found that the appointment was contrary to statutory provisions.
In a petition seeking to issue quo warranto against the appointment, M. Ashok Kumar contended that the appointment of R. Prasanth, son of the late MLA, in the gazetted post made on compassionate grounds was illegal as the MLA was not a government servant.
The objective of the scheme for compassionate appointment was to grant employment to a dependent family member of a government servant dying in harness. An MLA’s son did not come under the purview of the scheme. The State Cabinet took the decision on January 24, 2018 even before he submitted his application.
The government contended that he was appointed invoking the powers vested under Rule 39 of Part II, Kerala State & Subordinate Service Rules (KS&SSR), which prescribes the power and authority of the government to deal with special circumstances.
Mr. Prasanth, a BTech in Electronics and Communication Engineering, had requested that he be appointed as assistant engineer in either the PWD or any other similar department. As there was no vacancy in the PWD or any other department, the Cabinet decided to appoint him as assistant engineer in the PWD as a special case after creating a supernumerary post.
