THIRUVANANTHAPURAM: In an interesting observation, law department has found that several lawyers who are being appointed as government pleaders in various courts in the state, including the high court, are continuing beyond the period for which they are being appointed, because the government is ‘clueless’ about their date of birth to calculate and terminate their services after they complete their tenure.
In a circular issued by the law secretary last Monday (accessed by TOI) addressed to the advocate general, director general of prosecutions, state attorney and district collectors, it has been said that there are several cases where lawyers who have served in these posts for defending the government in various litigations, are then turning against the government seeking the pay for the additional period for which they continued as government pleaders, though it cannot be granted as per the rules.
The main reason, according to the circular, is because the date of birth of many of these lawyers are “unavailable” with the law department. As per the Kerala government law officers (appointment and conditions of service) and conduct of cases, rules 1978, the panel of advocates for the posts of government pleaders and senior government pleaders in the HC is prepared from the advocate general’s office.
Similarly, the panel for the posts of pleaders in district courts and other subordinate courts is prepared at the respective district collector’s office. They are appointed for a period of three years from the day of appointment or till the lawyer attains the age of 60 years, whichever is earlier.
Since the lists are prepared and forwarded to the government from the office of the advocate general and district collectors, the details, including their date of birth, are not shared with the law department, which is the authority that issues their appointment order.
The circular then instructed that hereafter, all such personal details should be informed to the government without fail, and once their tenure is over, steps should be taken to hand over the cases they were handling to another serving government lawyer. The circular was issued by the law department after a recent high court verdict came in favour of one of such lawyers.
The state maintains a battery of lawyers in various posts — advocate general, additional advocate general, director general of prosecution, additional director general of prosecution, state attorney, special government pleaders, senior government pleaders and government pleaders.
Of this, only the post of advocate general is a constitutional post, who is appointed under Article 165. Except government pleaders and senior government pleaders, none of those in the remaining categories are bound by the upper-age limit.
