ORDER :

Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the second respondent in E Mail/Letter No. 591/LO/2011-1 dated 18.01.2011 and QUASH the same as illegal, Ultra Vires and consequentially direct the second respondent to issue appropriate instructions to the Departments of Secretariat to sanction fees as claimed by the petitioner.

1. You will never be a better you, than you. To achieve greatness one should improve and illuminate himself with great virtues, but not by envying and belittling others. Here is a case of a highly placed Law officer of the State Government, in order to defend the honour and glory of the noble profession, against the unilateral and arbitrary decision taken by a fickle minded officer, contrary to the specific instructions given by the Chief Secretary the State Government.

2. The Government has to augment its revenue from taxation and other sources and incur expenditure under various heads including the welfare measures for the people, even where there is no return or profit. There are certain pivotal fields from where the government shall spend without expectation of revenue, such as Health, Education, Law and Social Welfare. The Government need to provide budgetary allocation to these Departments, which are very vital for a welfare state to maintain peace and harmony. Thus, the honorarium made to the services of the Law Officers of the State to defend its actions is also a very important, essential and unavoidable expenditure.

3. Government is continuously running machinery for the welfare of the people and its responsibility to protect, preserve and uphold the rights and liberties, dignity, social, economic and political justice to each and every citizen continue to be the same. The welfare schemes, projects, development of infrastructure, rule of law continue, in spite of change of rulers. In the present writ petition, oblivious of the above facts and the pivotal role played by the respectable and highly placed Law Officer on request, the impugned order of restricting the fee, came to be passed under the pretext of saving expenditure to the Government.

4. Once, a Law officer of a Public Sector undertaking told me that defending the Government, Governmental Corporations, Public Sector Undertakings is nothing but defending and safeguarding the interests of the individual citizen of the country, thereby securing them the Social, economic and political justice, dignity and personal liberty from the attacks of the insidious, who are avaricious to aggrandize wealth through whatever means. Once you accept to defend the Government or its agencies, you cannot complain of the poor and nominal fee paid by them, for, the Government is for the people and it is not destined to make profit, but to serve the people.

5. To illustrate it more specifically, Transport Corporations or Telecom Companies of the Government provide service even to the remotest part of the Nation, knowing well it will not get back the investment and unmindful of loss incurred. It is with the sole aim of providing the facilities in every nook and corner to each and every citizen without any discrimination, thereby securing social and economic justice. Whereas, a private operator would not venture this expenditure having an eye on profit. Therefore, there cannot be any comparison of the private and Government companies, for, one is on profit motive and the other on service motive. So also, of fat professional fee charged by a lawyer from an individual client or a lawyer of a profit making Corporate cannot be compared with the nominal fee paid to the Law Officers of the State and its instrumentalities. Thus it can be easily inferred that not only the Government, but also the Law Officers perform their duties without profit motive and with a service mentality for a nominal fee as compared to their lucrative private practice, more particula