Tamil Nadu Challenges HC Order Quashing Jobs for Karur Stampede Victims' Kin

The Tamil Nadu government, led by the Tamilaga Vettri Kazhagam (TVK), has moved the Supreme Court in an appeal against a Madras High Court decision that struck down the grant of government jobs to the family members of the Karur stampede victims. The appeal challenges an order passed by the Madurai Bench of the High Court on July 27.

The government orders, issued as a special measure to help the affected families, were quashed by the High Court. The court found that the appointments were made on compassionate grounds without following the prescribed procedure. It set aside the orders accordingly.

The state government had defended the appointments as a humane gesture to support families who lost their kin in the stampede. It argued that the relief was intended to help the bereaved families cope with their loss and was given in exercise of the state's executive powers. The state maintained that the circumstances warranted extraordinary measures.

The Division Bench, however, held that specific guidelines for compassionate appointments cannot be set aside by the government. The court noted that every government department maintains a waiting list for such appointments, and employment must be granted based on seniority. The judges said that employment has to be granted only in accordance with seniority and not with reference to the immediate nature of relief to be granted.

The court further observed that overlooking those on the waiting list would violate the fundamental rights to equality and due process of law under Articles 14 and 21 of the Constitution. It also warned that condoning the government's action may risk opening the floodgates for similar deviations in the future, as it would encourage the executive to bypass established rules whenever it seeks to provide relief.

The state government had invoked its executive powers under Article 162 of the Constitution to justify the appointments. The High Court countered that executive authority must always be exercised within the confines of the Constitution and cannot override established rules and procedures. It said that even a humane gesture must be carried out within the legal framework.

The stampede occurred in September last year during a roadshow addressed by TVK president and now Chief Minister Joseph Vijay. Following the tragedy, the government issued orders granting jobs to the dependents of those who died. This decision later became the subject of litigation, culminating in the High Court's ruling.

In Indian administrative law, compassionate appointment is an exception to the general rule of equality in public employment. It is meant to provide immediate relief to the family of a deceased government servant. However, this exception is strictly regulated by executive instructions and has been interpreted by the courts over the years. The rules are designed to prevent destitution and are not meant for persons outside the scope of the scheme.

The High Court's decision was based on the principle that any relief provided by the government must be in accordance with the law. While the state's intention to help the victims' families was not questioned, the court held that compassion cannot be a ground to disregard established procedures. The ruling has also raised discussions about the need for clearer policies governing relief measures in the wake of tragedies.

The Supreme Court will now examine whether the state's compassionate appointments were legally valid. The case involves significant questions about the interpretation of Articles 14, 21, and 162 of the Constitution. The outcome of this appeal could have broader implications for how governments provide relief in the aftermath of tragedies, especially when it involves public employment.