THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.1369 of 2013
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
None appears for the appellant on call.
2. This writ appeal has been preferred against the
order of the learned Single Judge dated 19.03.2013
passed in W.P.No.618 of 2008 filed by respondent No.1
as the writ petitioner.
3. The related writ petition was filed against the decision of the appellant in not paying honorarium to respondent No.1 from March, 2007, onwards. Be it stated that respondent No.1 was appointed as Standing Counsel of the appellant. By the order dated 19.03.2013, learned Single Judge directed the appellant to pay monthly honorarium to respondent No.1 at a minimum of Rs.15,000/- for the period 2 during which respondent No.1 served as Standing Counsel for the appellant.
4. While admitting the writ appeal on 04.10.2013, a coordinate Bench of this Court had stayed the operation of the aforesaid order of the learned Single Judge.
5. We are of the view that it was not proper for respondent No.1 to have filed a writ petition seeking a mandamus from the writ Court for payment of honorarium. If respondent No.1 was aggrieved by non- payment, the remedy lay elsewhere; not in filing the writ petition.
6. Therefore, the coordinate Bench was justified in staying the order of the learned Single Judge.
7. Accordingly, we allow the writ appeal and set aside the order passed by the learned Single Judge dated 19.03.2013 passed in W.P.No.618 of 2008. 3
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ C.V.BHASKAR REDDY, J 22.09.2022 vs