The Madras High Court on Monday set aside a Tamil Nadu government decision granting compassionate government jobs to the families of those who died in the Karur stampede, holding that the move was inconsistent with the constitutional principles governing public employment. The court observed that while extending relief to bereaved families is important, appointments to government posts must comply with the guarantees of equality and fairness under the Constitution.
Court Says Public Jobs Must Follow Constitutional Principles
A Division Bench comprising Justice C.V. Karthikeyan and Justice R. Sakthivel ruled that the government’s order could not be sustained as it conflicted with Articles 14 and 16 of the Constitution, which ensure equality before the law and equal opportunity in public employment.
The Bench pointed out that many eligible applicants are already awaiting compassionate appointments under existing government policies. It said extending special appointments in one particular case would undermine the rights of those who have been waiting under the established system.
Executive Powers Cannot Override Constitutional Guarantees
The State government had defended its decision by citing its executive powers under Article 162 of the Constitution, arguing that the order was issued as a special humanitarian measure for the families of the victims.
The High Court, however, held that executive authority cannot be exercised in a manner that violates constitutional safeguards. It observed that allowing such appointments in this case could encourage similar demands after other tragic incidents, including road accidents, fires or comparable disasters, where governments have generally restricted assistance to financial compensation rather than public employment.
Alternative Relief Suggested for Affected Families
While invalidating the appointment order, the court suggested that the government could explore other forms of long-term assistance for the affected families.
According to the Bench, initiatives such as technical skill development, vocational training and entrepreneurship support could help family members become financially self-reliant without departing from constitutional principles governing recruitment.
PIL Challenged Government Decision
The judgment was delivered while hearing a Public Interest Litigation (PIL) challenging the Tamil Nadu government’s decision to provide compassionate appointments to the families of 41 people who lost their lives in the Karur stampede.
The petitioner argued that the order departed from the State’s established policy on compassionate appointments, while the government maintained that it was an exceptional measure intended to provide lasting support to the victims’ families.
With the ruling, the High Court has reaffirmed that humanitarian considerations must remain consistent with constitutional provisions governing recruitment to public service.
