Madras High Court
The State Of Tamil Nadu vs S.Ramasamy on 18 July, 2023
Writ Appeal No.1102 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 18.07.2023
CORAM
THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR. JUSTICE K.KUMARESH BABU
Writ Appeal No.1102 of 2012
and M.P.No.1 of 2012
The State of Tamil Nadu,
Rep. By its Chief Secretary to Government,
Secretariat,
Fort St.George,
Chennai – 600 009. ... Appellants/ Respondent
Vs
S.Ramasamy,
S/o.Late R.Somasundaram ... Respondent/Petitioner
PRAYER: Writ Appeal filed under Clause 15 of Letters Pattern to set
aside the order dated 15.11.2021 passed in W.P.No.25027 of 2011 and
allow the writ appeal.
For Appellants : Mr.R.Shunmugasundaram
Advocate General
assisted by Mr.K.V.Sajeev Kumar
Special Government Pleader
For Respondent : Mr.G.Rajkumar
for Mr.K.Yuvaraj
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JUDGMENT
(Judgement of the Court was made by Mr.R.SURESH KUMAR.,J.)
This intra-court appeal has been directed against the order passed
by the Writ Court dated 15.11.2011 mad in W.P.No.25027 of 2011.
2. The respondent was the writ petitioner, who is a practising
lawyer since 1972 and on 10.06.2006, he was appointed as Additional
Advocate General -II of the State of Tamil Nadu and he was
subsequently designated as a Senior Advocate and later on 25.09.2009,
he was appointed as Additional Advocate General - I. In that capacity, he
appeared in several cases for the State of Tamil Nadu before this Court as
well as before the Madurai Bench of this Court between 2006 - 2011.
3. He had claimed his eligible fee per day/per case basis and
thereafter, he resigned the post of Additional Advocate General - I after
the assembly elections results were announced. Therefore, from the year
2006 to 13.05.2011, the respondent/writ petitioner submitted various
bills for his appearance as Additional Advocate General - II and I in
respect of various departments and according to the
respondent/petitioner, the outstanding amount is Rs.1,95,01,622/-(One
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crore Ninety Five lakhs one thousand six hundred and twenty two only).
4. Since that amount had not been given in spite of several
representations, he approached the Writ Court by filing a writ petition
seeking writ of mandamus. A learned Judge, who heard the matter
allowed the writ petition by order dated 15.11.2011, whereby, the learned
Judge directed the appellant/department herein to sanction and pay the
eligible fee payable to the respondent/petitioner considering the claim
made by him within a period of two(2) weeks from the date of receipt of
a copy of the said order. Aggrieved over the same, the respondent/State
in the writ petition has filed the present writ appeal.
5. Though this writ appeal had been filed in the year 2012, it has
been kept pending for long years i.e., more than a decade.
6. When this appeal came up for hearing earlier before a co-
ordinate bench on 24.04.2023, a direction was given to the learned
Additional Advocate General to file a status report in this regard.
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7. Thereafter, pursuant to the said direction, when this writ appeal
came up for hearing on 05.07.2023, the Division Bench has passed the
following order:
“Pursuant to the last order dated 24.04.2023, on
behalf of the Advocate General a report has been filed
along with annexures.
2. The sum and substance of the report reveals that,
whatever amount that has been claimed by the respondent
has already been settled and a copy of the report has been
served on the learned counsel appearing for the respondent
who would submit that, he has received the report and after
consulting with the respondent, he will revert back, hence
he seeks two weeks time.
3. Post the matter on 18.07.2023.”
8. Pursuant to the said order, today when the writ appeal is taken
up for hearing, Mr.G.Rajkumar, learned counsel appearing for the
respondent has submitted that, as per the memo of calculation, where the
bills have been settled in favour of the respondent by the
appellant/Department, the fee payable to him has been completely paid,
that means, the entire claim made by the respondent has been paid to
him. When that being the position, on merits the appeal filed by the
appellant against the learned single Judge order at this juncture need not
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be persuaded further, therefore, though we thought of disposing this writ
appeal, before parting with the case, we want to give certain directions to
the appellant/State.
9. The reason being that, pursuant to the said direction by a co-
ordinate bench in this matter and taking into account of various orders
passed by this Court at several point of time, where the similar issues had
come up with regard to the alleged non-payment of fees to law officers
including Advocate General or Additional Advocate General, the
Advocate General in his D.O letter in Roc.No186/AGRS/2021-1, dated
08.06.2023, addressed to the Chief Secretary to Government of Tamil
Nadu, inter alia has stated the following:
“Thus, it could be seen that the issue of non-payment
of professional fees to the former law officers repeatedly
occurs and various writ petitions are filed before the
Hon'ble Court. Though many directions have been issued
by the Hon'ble Court, the prevailing system to deal with the
issue is not sufficient to redress the issue and hence the
system has to be revamped suitably, in order to avoid any
litigants in this regard future. Many law officers have
complained that their fee bills are not cleared by payments
made even after a year. The fee bills of the present
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Advocate General and Additional Advocates General have
not been fully paid so far, only 11% of the bill have been
cleared and paid so far.
For this purpose alone in reference 1st cited above,
nearly two years back, I have already proposed to the
Government to revamp the system and to convene a
meeting in this regard. However, no reply has been
received so far. Now, the report of the Advocate General in
this regard has to be filed before the Hon'ble Court
consisting of Mr.Justice D.Krishnakumar and Mrs.Justice
K.Govindarajan Thilakavadi in W.A.No.1102 of 2012 and
it is very much essential to submit a concrete, defined
system of engagement of Advocate General/Additional
Advocate General's and also for the early payment of their
fees bills, to the Hon'ble Court.
Hence, I would suggest to the Government as
follows:
(i) To designate any one department at the
Secretariat level to receive the proposal from the Heads of
the Department,Law Officers etc., for the engagement of
Advocate General/Additional Advocates General's in the
matters on behalf of the State and to issue their appearance
G.O's in a centralized system.
(ii) To designate any one Department at the
Secretariat level to receive, process and settle the fees bills
of the Advocate General/Additional Advocates General's in
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a centralized system. The said department will process the
fee bills in consultation with the concerned department
which is arrayed as party in that particular case.
(iii) Periodic reports about the pendency of the bills
and the details of the payment made to the concerned law
officer should be updated in the CCMS portal once in three
months. The reports would be shared with the concerned
law officrs.
(iv) The entire process will be only under online
system.
The copy of the judgments mentioned in the above
matter is herewtih enclosed for your ready reference and
early instructions in this regard.
Yours,
sd/-
[R.SHUNMUGASUNDARAM]
Advocate General of Tamil Nadu
To
Dr.V.Irai Anbu, I.A.S.,
Chief Secretary to Government,
Secretariat,Chennai – 600 009.”
10. In the said letter, the learned Advocate General has traced what
had happened in these kind of cases in past and in some occasions
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observations had been made by this Court on the attitude of the
Government in not paying the legal fee to the law officers and therefore,
in order to avoid these kind of unpleasantness where the formal law
officers of the State are driven to come before this Court to make a lis for
their professional fees, the Advocate General has suggested certain
measures in his letter dated 08.06.2023, which have been quoted herein
above.
11. Today also the learned Advocate General is before us and he
would state that, for the said letter so far no reply has been given,
probably that might have been in the consideration of the Government.
12. We have taken note of the said development including the
content in the said letter of the Advocate General dated 08.06.2023,
especially the suggestions made therein by him. In view of the same, we
deem it appropriate to give certain directions to the appellant/State to
take steps to issue guidelines in respect of consideration and clearance of
the professional fee bills for the law officers of the State at various level.
13. Accordingly, the following directions are issued:
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That the four suggestions made by the learned Advocate General
vide his letter dated 08.06.2023, as recorded herein above shall be
considered and implemented by the State Government.
In this regard, a Nodal officer in the rank of Secretary or
Additional Secretary of the State Government shall be specifically
nominated for the purpose of dealing with the requests made on
behalf of the various departments for nomination of Advocate
General and Additional Advocate General for the appearance in
important cases by or against the State Government and its
Departments.
The Nodal Officer shall also consider and look after the
professional fee claim made from time to time by various law
officers starting from Advocate General, Additional Advocate
General, State Government Pleader, Special Government Pleader,
Additional Government Pleader, Government Advocate, etc.,. and
those professional bills, which are made/claimed by such law
officers shall be examined and disposed either by way of making
the payment or if any ineligible amount is claimed, as per the
conditions of appointment of law officers, that can also be stated to
the law officers, either way, the claim should be disposed of within
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a period of 30 days from the date of such claim is made by the law
officer concerned.
In this regard, in order to assist the Nodal Officer, minimum
secretarial staff shall be provided by the State Government. The
Nodal Officer shall be in constant touch with all other departments
of the State Government with regard to their requirement of
appointment of higher law officers on specific cases as well as for
the clarifications, etc., to be ascertained for the purpose of
verification and clearing of the fee bills.
It is made clear that once the Nodal Officer after thorough
consideration and verification, clears the professional fee bill of
the law officers, the payment shall be made within 30 days
thereafter and it should ensured by the Nodal Officer.
In order to comply the aforesaid directions necessary
Government Order shall be issued by the State Government
within a period of 30 days from the date of receipt of a copy of
this order and a compliance report to that effect shall be filed
before this Court on 28.08.2023.
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With the above directions, this writ appeal is disposed of. No
costs. Connected miscellaneous petition is closed. However, for reporting
compliance post this case on 28.08.2023.
(R.S.K.,J.) (K.B., J.)
18.07.2023
Index: Yes
Speaking Order
Neutral Citation:Yes
mp
Note: Issue order copy today ( 18.07.2023)
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R.SURESH KUMAR., J.
and
K.KUMARESH BABU.,J.
mp
Writ Appeal No.1102 of 2012
18.07.2023
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