Back
ANDHRA PRADESH HIGH COURT AT AMARAVATI
D. Ramesh, J.
P. Sree Ramulu Naidu - Appellant
Versus
Jawaharlal Nehru Technological University - Respondent
Writ Petition No. 14875 of 2020
Decided On : 10-11-2020
ADVOCATE FEE - STANDING COUNSEL - PAYMENT - DENIAL - RESOLUTION - VALIDITY - LEGAL FRAMEWORK:
Fact of the Case:
The petitioner, an advocate, was appointed as Standing Counsel for the respondent University in 2016. In 2017, a new Standing Counsel was appointed, but the petitioner continued to represent the University in a suit. The petitioner claimed professional fees for his services, but the University denied payment, citing that the petitioner was not hired on specific terms and conditions. The petitioner challenged the University's resolution denying payment.
Finding of the Court:
The court held that the University's resolution was illegal and contrary to its own rules and resolutions. The court found that the petitioner was engaged as Standing Counsel and that his services were utilized for the suit till its disposal. The court also found that the petitioner had claimed his fees as per Government memo dated 29.10.2008 through his letter dated 02.12.2016, and that the University had not raised any objection to the claim.
Issues: 1. Whether the University's resolution denying payment of professional fees to the petitioner was valid. 2. Whether the petitioner was entitled to professional fees for his services.
Ratio Decidendi: The court relied on the Government of Andhra Pradesh Law Department Memorandum no.7214/163/L1/2008, which clarified that Standing Counsels are entitled to claim fees for appearing in cases other than the Courts where they were appointed. The court also relied on the Advocate Fee Rules, 1990, which provide for the payment of professional fees to advocates.
Final Decision: The court set aside the University's resolution denying payment of professional fees to the petitioner and directed the University to reconsider the petitioner's claim petition and pass fresh orders within three months.
JUDGMENT
D.Ramesh, J. - The Writ Petition is filed under Article 226 of Constitution of India seeking to declare the action of the respondent University in passing the resolution resolved in its 13th Executive Council Meeting held on 13.11.2019 under agenda item no.3.5 denying the payment of the professional fee and the decision communicated in letter Lr.No.C3/JNTUA/Estt./Payment of fee/Sri PSRN/.2020 dated 13.01.2020 as illegal, arbitrary and violative of their own rules/resolutions, contrary to its resolution of appointment on 14.7.2016 of petitioner, without application of mind and consequently set aside the resolution resolved in 13th Executive Council Meeting held on 13.11.2019 under agenda item no.3.5 and direct the respondent to pay the professional fee as per Advocate Fee Rules, 2010 along with interest @ 24%pa from the date of his claim on 02.12.2016.
2. The Learned Counsel for the petitioner submits that the petitioner is a practicing Advocate in the High Court of Andhra Pradesh since 1986. The petitioner completed his B.L Degree from Sri Krishnadevaraya University, Anantapur in the year 1986 and enrolled as an Advocate on 17.10.1986 on the rolls of Bar Council of Andhra Pradesh and started his practice at combined High Court of Andhra Pradesh at Hyderabad. Apart from High Court, the petitioner also appearing in several cases in City Civil Courts and City Criminal Courts, Arbitration Matters, National Consumer Forum, Delhi, A.P.State Consumer Forum and District Forums like that and A.P. Administrative Tribunal and Central Administrative Tribunal, Hyderabad. Considering his length of service, the petitioner was appointed as Standing Counsel for Sri Krishnadevarayana University, Anantapur in the year 1998 and continued as such up to 2005 and again he was appointed in the year 2014. He was also appointed by the Executive Counsel for Sri Venkateswara University, Tirupati from August 2003 to March 2007 and also worked as Standing Counsel for Andhra Pradesh Forest Development Corporation Limited from June 1999 to 07.12.2010.
3. Considering the abilities and long standing practice, the respondent University has appointed the petitioner as their Standing Counsel as per the Executive Council resolution dated 30.6.2016 with a fixed remuneration of Rs.34,000/- per month for appearing in the matters at High Court only.
4. While that being so, basing on the summons received from City Civil Court, Hyderabad, the Registrar of the respondent University through letter dated 26.8.2016 requested the petitioner to represent O.S.No.798/2015 on the file of the X Additional Chief Judge, City Civil Court, Hyderabad, State of Telangana and as the matter is above one crore and business transaction and is triable by the Commercial Court, the same is transferred to designated Commercial Court i.e. XXIV Additional Chief Judge, City Civil Court, Hyderabad, Telangana State and renumbered as COS No.39/2017. Along with the letter, he also enclosed copy of the suit and Vakalat to file appearance in the said matter onbehalf of the University. After filing Vakalat by the petitioner with a junior, the petitioner had prepared the written statement by taking several grounds.
5. The petitioner was appointed as Standing Counsel to represent the matters at High Court only. For that reason the summons were served on the respondent. Hence he has requested the petitioner through letter dated 26.8.2016 to file Vakalat as well as represent the matters onbehalf of the University. Accordingly the petitioner has filed Vakalat on 02.9.2016 and represented the matter onbehalf of the University in the said suit. After that the petitioner has requested the respondent University for payment of half fee through his letter dated 02.12.2016 wherein he categorically stated that as per the Government of Andhra Pradesh Law Department memorandum no.7214/163/L1/208 dated 29.10.2008 clearly stipulates that if the law officers appear other than the Courts where they were appointed
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
