Kerala High Court orders appointment on compassionate grounds, despite criminal antecedents-OxBig News Network

The Kerala High Court has directed the State government to appoint a person as a driver in the police department on compassionate grounds, despite his criminal antecedents.

His mother, who had been employed as a part-time sweeper in the department, had died while in service. Stating that there existed no relevant connection between the offences he allegedly committed and the nature of the post in question, a Division Bench of Justice A. Muhamed Mustaque and Justice Johnson John said that the petitioner, Jijin R., had been offered the post of police constable (driver) under the compassionate scheme, following his mother’s death in 2017. He belongs to an economically-backward community.

The government rejected his appointment, citing his involvement in a few criminal cases, which reportedly included assault, trespass, consuming alcohol in public, and a matrimonial dispute that was subsequently settled. His alleged failure to disclose these in the verification form was cited as yet another reason to deny him employment.

Relying on what it termed as the ‘nexus test’, the court said that it had to be seen whether there was any link between the past offences and the post to which he would have joined. It also has to be seen whether he can be denied access to public employment, given his social and economic backgrounds and the hurdles he faced in life. Minor lapses must not permanently shut the door to reform, the court said and ordered that he be appointed in four weeks’ time.