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2022 Supreme(AP) 163

BATTU DEVANAND
A. Ch. Vedavani D/o Vijaya Kumar – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. N. Naveen Kumar.
For the Respondents: Sri. G. Seshadri, Sri. Kiran Kumar Vadlamudi.

Judgement Key Points

The legal document emphasizes that Advocates providing legal services to the State and its instrumentalities are entitled to receive their professional fees within a reasonable period after submitting their bills (!) (!) . The Court has held that withholding such fees for an unreasonable duration is illegal, arbitrary, unjust, and violates the fundamental right to life and dignity under Article 21 of the Constitution of India (!) (!) , (!) .

Furthermore, the Court has directed the State Government and its instrumentalities to ensure prompt payment of pending legal fee bills, specifically within four weeks from the date of submission, failing which interest at 12% per annum shall accrue from the date of bills' submission (!) (!) . This obligation extends to all levels of legal officers, including Law Officers and Standing Counsels, who must be paid timely to avoid hardships and uphold their rights (!) (!) .

The instructions issued by the Government of Andhra Pradesh regarding the appointment, qualifications, and conditions of service for Law Officers and Standing Counsels further reinforce that these legal professionals should not be advised or instructed to appear against the State or its instrumentalities, and their honorarium or fees should be fixed and paid regularly (!) (!) (!) . The Court underscores that non-payment or delayed payment of legal fees undermines the dignity and rights of advocates and causes serious hardships, which are contrary to the noble and professional ethos of the legal profession (!) (!) (!) (!) .

In conclusion, the Court has mandated that all pending legal fee bills be cleared within a stipulated timeframe and has warned against future delays, emphasizing that such delays violate the advocates' rights and the principles of justice and fairness. The Court also highlighted the importance of accountability and promptness in fulfilling the legal obligations towards advocates serving the State and its agencies (!) (!) (!) .


ORDER :

1. This Writ Petition No. 10844 of 2015 has been filed by an Advocate, who was the former learned Standing Counsel for Zilla Parishads, Mandal Praja Parishads and Gram Panchayats for the region of Rayalaseema seeking to issue a writ of mandamus to declare the action of the Respondents in not paying arrears of legal fees inspite of claiming the same through various bills and finally consolidated claim bills, dated 21.02.2015 as illegal, void and arbitrary and consequential direction to the Respondents to pay the arrears of legal fees to the petitioner forthwith.

2. The case of the petitioner is that she was appointed as Standing Counsel for Zilla Parishads, Mandal Praja Parishads and Grampanchayats for the region of Rayalaseema by virtue of G.O.Rt. No. 262, dated 15.02.2007. Thereafter, she reappointed as Standing Counsel vide G.O.Rt. No. 1903, dated 02.11.2010. After completion of her tenure, she handed over all pending files to her successor on 24.01.2015. She submitted legal bills periodically, but, the same were withheld by the Respondents without any reason. As such,

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