Registrar, B.R. Ambedkar Open ... vs Saka Mohan Rao, Hyd 2 Ot
2022 Latest Caselaw 4850 Tel

      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

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.

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