Supreme Court Stays High Court Order Denying Jobs to Karur Stampede Victims’ Kin
The Supreme Court on Friday provided temporary relief to the Tamil Nadu government by staying a Madras High Court decision that had struck down the grant of compassionate appointments to the families of the Karur stampede victims.
The Madurai Bench of the High Court had, on July 27, quashed the state government's orders offering jobs to the kin of those who died in the tragic incident. The Supreme Court's stay allows the appointments to remain in effect for now, pending a final hearing on the matter.
During the proceedings, Justice J.B. Pardiwala questioned the logic behind opposing such relief, remarking that the government's gesture was intended to provide "some succour to the families who have suffered such a tragedy." He further observed that in several families, the sole breadwinner may have perished in the stampede, leaving no one else to earn a livelihood. "If the sole member has died in the stampede, then there is nobody else in the family who is earning. Should the government not give some employment to a son, daughter, or wife according to their educational qualifications?" the judge asked orally.
The stampede occurred on September 27 during a roadshow led by actor-politician Vijay, president of the Tamilaga Vettri Kazhagam (TVK). As many as 41 people lost their lives and around 100 others were injured in the crowd crush.
The state government had defended its decision, arguing that the appointments were made as a humane gesture under its executive powers conferred by Article 162 of the Constitution. However, the High Court had ruled that executive authority must be exercised within constitutional limits and cannot override existing guidelines governing compassionate appointments.
The High Court had also flagged the existence of wait-lists in every government department for such appointments, stating that employment on compassionate grounds must follow seniority rather than be granted based on the immediacy of relief. It had reasoned that bypassing those on the wait-list would violate the fundamental rights to equality and due process as enshrined in Articles 14 and 21 of the Constitution.
The Supreme Court bench, also comprising Justice Pardiwala, will now examine the validity of the High Court's reasoning. The stay order means that the families who were offered jobs will continue to hold them until the case is disposed of. The court has sought responses from the parties involved and listed the matter for further hearing.
