Clarify Whether Government Pleaders are Gazetted Officers Or Not: Kerala HC Directs State Government
The Kerala High Court directed the competent authority of the Government of Kerala to come out with a notification clarifying as to whether Government Pleaders, Senior Government Pleaders and Special Government Pleaders are Gazetted Officers or not.
The Petitioner had approached the High Court with a plea to direct the State Government to declare that Government Pleaders are Gazetted Officers and hence eligible to accept documents.
The Single-Judge Bench of Justice Gopinath P. held, “In the light of the controversy that has arisen in this case, I also deem it appropriate to direct the competent authority of the Government of Kerala to come out with a notification or an instruction clarifying as to whether Government Pleaders, Senior Government Pleaders and Special Government Pleaders are Gazetted Officers or not without undue delay and at any rate within a period of one month from the date of receipt of a certified copy of this judgment.”
Advocate Raghul Sudheesh represented the Petitioner while Government Pleader Sunil Kuriakose represented the Respondents.
The petitioner, an Indian citizen, intended to get married to one Abraham Efrain Vargas, a citizen of the United States of America, and submitted an application for registration of the marriage under the Special Marriage Act, 1954 but the Sub Registrar took the view that the document submitted by the petitioner and her fiancé, which was attested by a Government Pleader couldn’t be accepted, as the Government Pleader is not a Gazetted Officer. Her application was rejected as the Inspector General of Registration clarified that the Government Pleaders do not fall within the category of Gazetted Officers.
It was the petitioner’s case that her fiancé has to return to the United States of America shortly, and if the marriage of the petitioner is not registered under the Special Marriage Act, 1954, immediately, the petitioner would be put to great difficulty.
The Government Pleader submitted before the Court that Government Pleaders are appointed through a Gazette Notification and therefore, for all intents and purposes, a Government Pleader is also a Gazetted Officer.
After going through the submissions and considering the peculiar facts of the case, the Bench directed the Sub Registrar to consider petitioner’s application as valid for all purposes and to proceed to register the marriage of the petitioner in accordance with the law and in compliance with all other formalities without insisting on the filing of a fresh application.
“For the purposes of the record, the petitioner and her fiancé shall file a physical copy of Ext.P1 application duly attested by a Gazetted Officer who is already notified in terms of the notification issued by the Government of Kerala in this regard and produce the same before the 2nd respondent”, it said.
The Bench also asked the competent authority of the Government of Kerala to come out with a notification or an instruction clarifying as to whether Government Pleaders, Senior Government Pleaders and Special Government Pleaders are Gazetted Officers or not without undue delay and within a period of one month.
Cause Title: Sheba Sam Benjamin v. State Of Kerala [Neutral Citation: 2024:KER:87983]
Appearance:
Petitioner: Advocates Raghul Sudheesh, Elizabeth Mathew, Ambily T. Venu, Krishnaveni M., Anugraha P., Avani P.S.
Respondents: Government Pleader Sunil Kuriakose