Late Chengannur MLA’s son given gazetted post as per law, govt tells HC

The government filed the counter affidavit in response to a petition from M Ashok Kumar challenging the appointment.

KOCHI: Justifying the appointment of the late Chengannur MLA. K K Ramachandran Nair’s son as assistant engineer (Electronics) in Public Works Department as a special case after creating a supernumerary post, the state government submitted before the Kerala High Court that it has the power to do so. The government invoked the power by creating a supernumerary post without affecting any of the people in service or the job aspirants for the particular post, the HC was informed.

The government filed the counter affidavit in response to a petition from M Ashok Kumar challenging the appointment. Advocate S Sabari Nadh, counsel for the petitioner, said the appointment of R Prasanth to the gazetted post was done on compassionate grounds. The MLA is not a government servant. Hence, his son does not come under the purview of the scheme. The state cabinet had taken the decision on January 24, 2018, weeks before his application. The appointment was a brunt for all meritorious public service aspirants of the state.

According to the government, it issued the order invoking the powers vested under Rule 39 of Part II, Kerala State & Subordinate Service Rules (KS & SSR) which prescribed the power and authority of the government to deal with special circumstances. R Prasanth is a B Tech in Electronics and Communication Engineering. 

He had requested that he be appointed as assistant engineer in either the works department or any similar department. Since there was no vacancy in the works department or any other department, the cabinet decided to appoint him as assistant engineer in works department as a special case after creating a supernumerary post. 

This was not an order issued under the compassionate employment scheme. The petitioner’s contention that the government cannot appoint a person, who is not advised by the Public Service Commission, was due to sheer ignorance. 

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