2015 Supreme(Mad) 1448
HIGH COURT OF JUDICATURE AT MADRAS
V. DHANAPALAN & M. DURAISWAMY, JJ.
The Chief Secretary, Secretariat, Chennai & Others – Appellant
Versus
V. Bhavani Subbaroyan - Respondent
Writ Appeal No. 2167 of 2013 & M.P. Nos. 1 of 2013 & 1 of 2014
Decided On : 26-03-2015
For the Appellants:P.H. Aravind Pandian, AAG V Assisted by S. Rajeswaran, Spl. Govt. Pleader, C.V. Shailandhaan, Govt. Advocate.
For the Respondent:K.M. Vijayan, Sr. Counsel for K.V. Sajeev Kumar for M/s. Royan Law Associates, Advocates.
The main legal point established in the judgment is the entitlement of the respondent to claim her professional fee for pending matters and the application of the High Court Fee Rules, 1956, Section 2(i)(c), and Rule 9-A in determining the sharing of professional fees among Law Officers.
Headnote:
Professional Fee - Writ Appeal - High Court Fee Rules, 1956, Section 2(i)(c), Rule 9-A - The court held that the respondent is entitled to claim her professional fee in respect of the pending matters only after their disposal. She should share the professional fee payable under section 2(i)(c) of the High Court Fee Rules for the pending matters along with other Law Officers. The court directed the appellants to pay the professional fee to the respondent with interest for the disposed cases and to settle the professional fee for the pending suits within a specified time frame.
Fact of the Case:
The respondent, a former Special Government Pleader, filed a writ petition seeking a writ of mandamus to direct the appellants to settle her professional fees. The learned Single Judge directed the appellants to sanction the legal fee claimed by the respondent with interest and complete the settlement within two months. The respondent appealed against this order.
Finding of the Court:
The court found that the respondent is entitled to claim her professional fee in respect of the pending matters only after their disposal. She should share the professional fee payable under section 2(i)(c) of the High Court Fee Rules for the pending matters along with other Law Officers. The court directed the appellants to pay the professional fee to the respondent with interest for the disposed cases and to settle the professional fee for the pending suits within a specified time frame.
Issues: The main issue was the entitlement of the respondent to claim her professional fee for pending matters and the interpretation of the High Court Fee Rules in this regard.
Ratio Decidendi: The court held that the respondent is entitled to claim her professional fee in respect of the pending matters only after their disposal. She should share the professional fee payable under section 2(i)(c) of the High Court Fee Rules for the pending matters along with other Law Officers.
Final Decision: The writ appeal was disposed of with the direction for the appellants to pay the professional fee to the respondent with interest for the disposed cases and to settle the professional fee for the pending suits within a specified time frame.
M. Duraiswamy, J
1. The above writ appeal arises against the order of the learned Single Judge dated 11.02.2013 passed in W.P.No.1126 of 2012.
2. The respondents in the writ petition are the appellants in the above writ appeal and the respondent herein is the writ petitioner.
3. The respondent herein has filed the writ petition in W.P.No.1126 of 2012 to issue a writ of mandamus, directing the appellants to forthwith settle her professional fees in accordance with the bills dated 17.9.2009, 19.10.2009, 13.5.2010, 3.9.2010, 21.1.2011 and 22.2.2011 pending sanction, together with interest at 18% per annum from the date of bill till the date of payment.
4. The respondent was initially appointed as Government Advocate in the year 2006, subsequently appointed as Additional Government Pleader and later appointed as Special Government Pleader (Civil Suits) on 14.5.2011. The respondent, tendered her resignation from the post of Special Government Pleader, due to change of power in the State of Tamil Nadu.
5. In the seven bills raised by the respondent, she claimed a total sum of Rs.29,85,500/- towards professional fee and the details of which are as follows:-
S.NO.
Case Reference
Proceeeinds
Fee Bill date
Amount Claimed
1
O.S.A.Nos.376, 377 & 378 of 2007
Arguing final is posal
17.09.2009
Rs. 31,949/-
2
C.S.No.553/2005
Preparing and filing written statement
21.02.2011
Rs.26,30,750/-
3
C.S.No.564/2005
Preparing and filing written statement
21.01.2011
Rs. 1,03,250/-
4
C.S.No.934/2005
Preparing and filing written statement
21.01.2011
Rs. 60,576/-
5
O.S.A.No.217/2006
Argued for final disposal
3.9.2010
Rs. 26,500/-
6
C.S.No.1090/2009
Preparing and filing written statement
13.5.2010
Rs. 31,500/-
7
C.S.No.418/2001
Trial and final disposal
19.10.2009
Rs.1,00,975/-
Total
Rs.29,85,500/-
After tendering her resignation, the respondent sent a representation on 26.7.2011 seeking sanction of the above bills and in spite of receipt of the same by the third appellant, no action was taken. Therefore, the respondent sent a reminder on 13.9.2011 stating that she would claim interest at the rate of 18% per annum till the date of actual payment. Subsequently, on 14.2.2011, the respondent sent another reminder and even for that she did not receive any response from the third appellant.
6. It is pertinent to note that the respondent resigned her post on 14.5.2011. She was appearing before this court representing the Government and the Government Officials in her capacity as Special Government Pleader (Civil Suits).
7. The learned Single Judge, after hearing both sides, disposed of the writ petition by directing the appellants to sanction the legal fee claimed by the respondent in respect of the above referred bills with 12% interest per annum from the date of expiry of six months of submission of fee bills till the date of payment. Further, the learned Single Judge has directed the appellants to complete the entire exercise and settle the amounts to the respondent, within two months from the date of receipt of copy of the order.
8. Aggrieved over the order passed by the learned Single Judge, the respondent has filed the above writ appeal.
9. Heard Mr.P.H.Aravind Pandian, learned Additional Advocate General, appearing for the appellants and Mr.K.M.Vijayan, learned Senior Counsel appearing for the respondent.
10. Mr.P.H.Aravind Pandian, learned Additional Advocate General, appearing for the appellants submitted that out of the seven items, for which the respondent had claimed her professional fee, four cases are still pending and so far as the pending cases are concerned, fee can be paid only after the disposal of the civil suits. Further, the learned Additional Advocate General submitted that as per Rule 9-A of