The Kerala High Court has instructed the state government to clarify if government pleaders are considered gazetted officers.
The Kerala High Court instructed the relevant authority in the Government of Kerala to issue a notification to clarify whether Government Pleaders, Senior Government Pleaders, and Special Government Pleaders are considered Gazetted Officers. The petitioner approached the court asking for a ruling that Government Pleaders should be recognized as Gazetted Officers, allowing them to accept documents. Justice Gopinath P. from the Single-Judge Bench stated, “Given the issues raised in this case, I find it necessary to direct the competent authority of the Government of Kerala to issue a notification or instruction clarifying the status of Government Pleaders, Senior Government Pleaders, and Special Government Pleaders as Gazetted Officers without delay, and within one month of receiving 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, planned to marry Abraham Efrain Vargas, a U.S. citizen, and applied for marriage registration under the Special Marriage Act, 1954. However, the Sub Registrar rejected her application, stating that the document attested by a Government Pleader could not be accepted because they are not recognized as Gazetted Officers, as confirmed by the Inspector General of Registration.
The petitioner argued that her fiancé needs to return to the United States soon. If their marriage is not registered under the Special Marriage Act, 1954, right away, she would face significant challenges. The Government Pleader informed the Court that Government Pleaders are appointed through a Gazette Notification, making them Gazetted Officers for all practical purposes. After reviewing the case details, the Bench instructed the Sub Registrar to accept the petitioner’s application as valid and to register her marriage according to the law, without requiring a new application.
The Bench also stated that the petitioner and her fiancé must submit a physical copy of the Ext.P1 application, properly attested by a Gazetted Officer as per the Government of Kerala’s notification, to the 2nd respondent. Additionally, the Bench requested that the Government of Kerala clarify within one month whether Government Pleaders, Senior Government Pleaders, and Special Government Pleaders are considered Gazetted Officers.
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
