KOCHI: State government cannot create supernumerary posts for making compassionate appointments in service, the Kerala High Court has held.
The ruling by a division bench comprising chief justice S Manikumar and justice Shaji P Chaly came in the judgment (WP-C No. 29093/2020) ordering termination of R Prashanth, son of former CPM Chengannur MLA KK Ramachandran Nair, from the post of assistant engineer (electronics) at Public Works Department. A petition filed by Ashok Kumar M of Palakkad through advocate S Sabarinadh was considered by the court.
While ordering the removal, the court discussed the law on supernumerary appointments and said in the judgment, “The discussion of the facts made above would make it clear that the State Government can only make supernumerary posts to tide over the situation of providing promotion or appointment to an employee, who is due for such appointment in the Government service and it can never be created for making compassionate appointment in service.”
Further, the court said the government will have to bear in mind the constitutional guarantees while making compassionate appointments, including right to equality (Article 14) and right to equality of opportunity in matters of public employment (Article 16). The interest of the public should not be violated and fairness should be ensured, the court said.
“If a supernumerary post created and appointment given to a dependent of an MLA, if permitted, to be continued, it would give a free hand to the Government, to make similar appointments to the children of persons holding various posts, right from the President of a Panchayat upto the top level posts, and if it happens, it would be nothing, but absolutely crippling equality and equal protection of laws, making the qualified candidates waiting outside to get a berth in Government service,” the judgment, authored by justice Manikumar, stated while noting that a candidate has to normally pass a written test and interview to get a job in government service.
