Supreme Court stays HC order quashing jobs for Karur stampede victims’ kin
The apex court asks why government cannot provide jobs as relief, after Madras HC said Vijay’s order could open floodgates of similar demand
The Supreme Court on Friday (August 14) stayed the Madras High Court's judgment that had struck down a Tamil Nadu government order granting compassionate appointments to the families of those who died in the Karur stampede tragedy.
SC stays High Court ruling
A Bench of Justice JB Pardiwala and Justice K. Vinod Chandran passed the interim order while issuing notice on petitions filed by the State and others challenging the High Court's ruling.
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Senior Advocates Dr Abhishek Manu Singhvi and Mukul Rohatgi appeared for Tamil Nadu. Defending the Government Order, Singhvi argued that the High Court had interfered with a policy decision taken under the State's executive powers.
State defends policy decision
"If the State wants to give out [compassionate appointment] out of killings as a policy decision under Article 162, how can the High Court interfere? There is no quashing sought of my circular, no challenge in the petition to my circular. In employment, can you file a PIL [by a lawyer]?" submitted Singhvi as quoted by Live Law.
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During the hearing, advocate Velan, appearing for a political party, opposed the State's stand. He argued that compassionate appointments could not be left to governmental discretion and contended that the party allegedly linked to the stampede was now in power, creating a conflict of interest.
Bench questions opposition
When Velan stated that he represented a political party, Justice Pardiwala questioned the relevance of its involvement. Justice Chandran remarked: "Don't bring politics here."
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"Who are you to question the policy of the government, saying no employment should be given. Suppose if the sole earning member has died in the stampede and there is nobody else in the family who is earning, shouldn't the government give some employment to son or daughter or wife as per their educational [qualifications],” said Justice Pardiwala.
Matter to be heard further
The stay order keeps the Government order alive for now. The constitutional validity of the policy will be decided after a fuller hearing.
A division bench comprising Justices CV Karthikeyan and R Sakthivel of the High Court had held that it was not appropriate to overlook the needs of many who are waiting to get compassionate appointments in government departments.