Madras HC Quashes Government Jobs Order for Karur Stampede Victims

• The Madras High Court struck down government jobs granted to family members of Karur stampede victims.
• The court ruled that public employment cannot be used as a 'largesse' or charity, setting a precedent for ensuring equal treatment in government appointments.
• Three public interest petitions challenged the State government's decision to grant jobs to 32 family members of those who died in the tragedy.

The court ruled that executive power cannot be exercised in a manner that bypasses the settled constitutional framework governing public employment.

The Madras High Court has struck down government jobs granted to family members of Karur stampede victims, ruling that public employment cannot be used as a 'largesse' or charity. This decision, while currently under appeal to the Supreme Court, sets a precedent at the High Court level for ensuring that government appointments are made in accordance with constitutional guarantees of equality. The court's verdict comes after three public interest petitions challenged the State government's decision to grant jobs to 32 family members of those who died in the tragedy. The petitioners argued that the Government had created an impermissible class of beneficiaries by granting government jobs solely because the beneficiaries had lost family members in the stampede. They also contended that extending public employment during the pendency of the investigation into the tragedy was wholly unwarranted.

The court's decision is based on the constitutional guarantees of equality under Articles 14 and 16 of the Indian Constitution. The bench held that executive power cannot be exercised in a manner that bypasses the settled constitutional framework governing public employment. In allowing the petitions, the court rejected the State's preliminary objection regarding maintainability, holding that the petitions did not involve a conventional service dispute but raised a constitutional challenge to executive action affecting public employment. The court further observed that while PILs are ordinarily not maintainable in service matters, the present petitions questioned the legality of a Government policy allegedly violating Articles 14 and 16 and therefore warranted judicial scrutiny.

This decision, currently under appeal to the Supreme Court, may set a precedent for future cases and highlights the importance of ensuring that government appointments are made in accordance with constitutional guarantees of equality. The court's ruling also underscores the need for transparency and accountability in government decision-making, particularly when it comes to public employment. By striking down the State government's decision, the court has sent a strong message that public employment cannot be used as a means of charity or largesse, but rather must be based on merit and adherence to constitutional principles.

Lawyers should be aware that the Madras High Court has struck down government jobs granted to family members of Karur stampede victims, holding that public employment cannot be used as a 'largesse' or charity. This decision may set a precedent for future cases and highlight the importance of ensuring that government appointments are made in accordance with constitutional guarantees of equality.

Source: Original reporting via The New Indian Express