Madras High Court strikes down orders granting government jobs to the family members of Karur stampede victims

The Madurai Bench of the Madras High Court on Monday struck down the government orders (G.Os) granting government jobs to the family members of the Karur stampede victims.

A Division Bench of Justices C.V. Karthikeyan and R. Sakthivel allowed a batch of public interest litigation petitions which challenged the Chief Minister Vijay-led government’s decision to grant jobs to the family members of the victims.

Earlier, the court had permitted the government to go ahead with an event in Karur in July to distribute the appointment orders. However, it had made it clear that the appointment would be subject to judicial review.

The stampede occurred in September last year during a Tamilaga Vettri Kazhagam roadshow addressed by Mr. Vijay, who is also the party president.

The court said appointment on compassionate grounds was based on specific guidelines. The government submitted that it was only a humane gesture, which should not be challenged.

“However, it is the cause of the public that overrides every other factor. We are conscious of the fact that there are wait-lists in every department for employment on compassionate grounds. It is not that employment is granted immediately on application being received. Employment is granted only in accordance with seniority and not with reference to the immediate nature of relief to be granted,” the court said.

When there was a wait-list, it might not be appropriate to overlook the needs of those waiting for these jobs and extend what was being termed succour to the family members of the Karur stampede victims. The court held that these appointments were in violation of the principles enshrined in Article 14 and Article 16 of the Constitution.

The State said it had granted these jobs in exercise of its executive powers under Article 162 of the Constitution. But the court said any exercise of executive authority of power had to be within the confines of the Constitution. If an executive power of the State was to be let unfettered, chaos would reign. “It is for the courts to ensure that fairness is evident,” it said.

The grant of such compassionate employment to those affected in this incident would only open the floodgates for others, the court said, referring to fireworks accidents and road transport accidents due to negligence. The grant of such jobs would lead to clamours for public employment. “Public employment is not to be thrown away as a largesse by the State. It has to be earned. Its value will have to be realised and its importance would have to be cherished,” the court said.

The judges wondered why the government could not have extended training in skills and entrepreneurship to the deserving members of the families of those who died in tragedies like the stampede. The government would be creating leaders, entrepreneurs, and self-sufficient individuals in each family who would later provide employment to others. The government could bear the expenses towards such technical courses or skilled courses. “That would be a far better thing to have been resorted to rather than giving public employment as office assistants,” the court said.

Disagreeing with the State that it was a lowly post, the court said every job has its own value and every job is a matter of pride to the employee. It was not proper and justifiable for the government to state that it is handing over lowly posts to the family members of those who died in the stampede.

The court said it was aware that it was passing an order without hearing those who had been extended the employment. “But we had made it very clear that the the appointment order would be subject to judicial review and those who were granted such employment cannot claim any vested interest,” the judges pointed out.

Taking into account the submission of the Tamil Nadu Public Service Commission (TNPSC) that a government order had been issued stating that jobs on compassionate grounds had been taken away from its purview, the court said the TNPSC works under the aegis of the Constitution and it should have a say in the adoption of the guidelines for grant of employment even on compassionate grounds.