A RAMACHANDRAN Vs. A ALAGIRISWAMIGOVT PLEADER HIGH COURTMADRAS

JUDGEMENT

(1.) By a notification dated 22-6-1960 and bearing S. R. O. No. A. 4436 of 1960 issued in the Public Department, the Government of Madras appointed Mr. Alagiriswami, to be Government Pleader with effect from 1-7-1960 on his retirement from the Madras State Higher Judicial Service". In the present petition the validity of this appointment is questioned.

(2.) Mr. Alagiriswami, the first respondent, was enrolled as an advocate of this Court on 16-3-1936. Some five and the three-quarter years later, that is to say, on 3-12-1941, he was appointed as District Munsif and served in that capacity in different places till 5-4-1947. In that year he was appointed as Private Secretary to the then Chief Minister of Madras, which position he held till 1950. Between 1950 and 1953 he underwent training as Legal Draftsman in New Delhi. On the termination of his training he was appointed as Secretary to the Trade Marks Committee and thereafter as Special Officer for the Revision of the Trade Marks Act. On his relinquishment of that office he was appointed as Joint Secretary to the Government in the Legal Department and subsequently he was promoted as Secretary in that Department. That post he continued to hold till 1959. In July, 1959 he was appointed Principal Judge of the City Civil Court, Madras. In February, 1960 the then Government Pleader was appointed to be a Judge of this Court and the post of Government Pleader thus became vacant. That post continued to be vacant till 1-7-1960 when in pursuance of the order now challenged, Mr. Alagiriswami assumed the duties of that office.

(3.) In support of his petition Mr. Ramachandran, filed an affidavit, the main points of which are these : 1. The post of Government Pleader is a Public Office. 2. Appointments to that post have to be made in conformity with the Standing Orders on the subject. According to those orders no person can be appointed as a Government Pleader unless he is either an advocate or has held certain civil judicial or quasi-judicial posts for a period of five years. These posts include that of a Subordinate Judge, the Chief Presidency Magistrate, Madras, a Judge of the City Civil Court, Madras, a Puisne Judge of the Court of Small Causes, Madras, the Administrator General and Official Trustee, Madras. A District and Sessions Judge, who is not a member of the Indian Civil Service, would also be eligible. Mr. Alagiriswami was not qualified for appointment under these Rules. 3. From 1920 onwards the post of Government Pleader has been filled from practising advocates of the Madras Bar and every one of those persons had a considerable volimie of work at the Bar, and, because of their qualifications as lawyers, and every one of them --barring two exceptions --was in his turn appointed as a Judge of this Court.