GEORGE VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) THE two petitions challenge the appointment of Law officers such as Liaison Officer, Government Pleaders and Senior Government pleaders.

(2.) THE Kerala Government Law Officers (Appointment and conditions of Service) and Conduct of Cases Rules, 1978 (hereinafter referred to as 'the Rules') lay down the qualifications and procedure for appointment of law Officers. R. 2 (b) prescribes six kinds of Government Law Officers who are appointed by the Government to conduct Government cases in any Court or tribunal in the State or in the Supreme Court. We are, however, concerned with the categories of Law Officers viz. (1) Liaison Officer of the High Court and (2) Senior Government Pleaders and Government Pleaders. R. 3 provides that besides the Advocate General and Additional Advocate General the following categories of Government Law officers would appear for the Government in the High Court, namely, (i) Public prosecutor, (ii) Senior Government Pleader, (iii) Government Pleader and (iv)Liaison Officer. Sub-r. (2) of R. 3 provides that the number of Law Officers in each of the categories shall be such as may be fixed by the Government from time to time. We are informed that, in all, 44 sanctioned posts of Government law Officers, out of which one is the post of Liaison Officer and the rests are posts of Senior Government Pleaders and government Pleaders.

(3.) FORTY-four persons came to be appointed as Government law Officers in different categories under the above rules. Their appointments are challenged as not complying with the rules. The affidavit filed by respondents 1 and 2, ie. , the State Government and the Law Secretary, indicate that a large number of persons "had submitted their bio-datas to the third respondent Advocate General for consideration. The third respondent after scrutiny of the information furnished therein, and after being satisfied that the persons were qualified to be appointed as Government Law Officers of different categories, had forwarded a panel of 44 names for consideration of the State Government. The State Government appointed one person (P. C. Type) as liaison Officer and 43 persons as Senior Government Pleaders/government pleaders.