Did Kerala High Court recommend promotion of a government pleader?

As reported by various news outlets, the Kerala High Court recently commented on the promotion of a Government Pleader (GP) who appeared before it, to Senior Government Pleader. [Deepa S & Anr v. State of Kerala & Ors].While the reports suggest that Justice DK Singh effectively recommended Advocate Parvathy Kottol's promotion, a closer look at the order he passed reveals a different view."Ms. Parvathy Kottol, the learned Government Pleader, who may be designated as Senior Government Pleader as she has completed more than twelve years of practice and the Government has yet not designated her as Senior Government Pleader, for which the necessary decision is to be taken by the Government, submits that she would like to file objection to the interlocutory application No.1/2025 filed by the petitioner for which she seeks and is granted three weeks’ time," the Court's order dated May 26 reads..The issue lies in the wording of the order. Some would interpret it as the judge urging the State to promote a lawyer who appeared before it. The phrase "for which the necessary decision is to be taken by the Government" makes it clear that the Court has no power to appoint or even suggest such promotions. GPs and Senior GPs are appointed and promoted by the State government at its discretion..The bigger question is - why did the judge record such a comment in his order, in a completely unrelated matter?The order was passed on a petition moved by the wife and daughter of a deceased assistant educational officer seeking to disburse the death-cum-retirement gratuity due to them. During a hearing, GP Kottol sought time to file an objection to an application filed by the petitioners. It is while recording Kottol's submission that Justice Singh noted that she had not been promoted yet. The verbiage of the observation makes it unclear if this amounts to recommending her promotion or if it is just a passing comment on the same. The judiciary is generally expected to keep itself away from the policy decisions of the State, even when it concerns the appointment of government lawyers who argue before it. Perhaps the Court will clarify its stance on June 26, the next date of hearing..According to the Kerala Government Law Officers (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978, the State government appoints GPs and Senior GPs from a panel of advocates furnished by the Kerala Advocate General.Lawyers can be appointed as GPs if they have been a High Court advocate for at least 7 years and practiced before the High Court for at least 3 years. To be appointed as a Senior GP, lawyers must have been a High Court advocate for at least 10 years and have practiced before it for at least 5 years.Kottol, who was appointed as a GP in 2021, meets the qualifications to be appointed as a Senior GP. However, no such appointment has yet been notified by the State government..[Read Order]