Timely payment of professional fees to law officers and the need for a centralized system for engagement and payment of law officers' fees.

JUDGMENT

(Prayer:Writ Appeal filed under Clause 15 of Letters Pattern to set aside the order dated 15.11.2021 passed in W.P.No.25027 of 2011 and allow the writ appeal.)

SURESH KUMAR .J

1. This intra-court appeal has been directed against the order passed by the Writ Court dated 15.11.2011 mad in W.P.No.25027 of 2011.

2. The respondent was the writ petitioner, who is a practising lawyer since 1972 and on 10.06.2006, he was appointed as Additional Advocate General -II of the State of Tamil Nadu and he was subsequently designated as a Senior Advocate and later on 25.09.2009, he was appointed as Additional Advocate General - I. In that capacity, he appeared in several cases for the State of Tamil Nadu before this Court as well as before the Madurai Bench of this Court between 2006 - 2011.

3. He had claimed his eligible fee per day/per case basis and thereafter, he resigned the post of Additional Advocate General - I after the assembly elections results were announced. Therefore, from the year 2006 to 13.05.2011, the respondent/writ petitioner submitted various bills for his appearance as Additional Advocate General - II and I in respect of various departments and according to the respondent/petitioner, the outstanding amount is Rs.1,95,01,622/-(One crore Ninety Five lakhs one thousand six hundred and twenty two only).

4. Since that amount had not been given in spite of several representations, he approached the Writ Court by filing a writ petition seeking writ of mandamus. A learned Judge, who heard the matter allowed the writ petition by order dated 15.11.2011, whereby, the learned Judge directed the appellant/department herein to sanction and pay the eligible fee payable to the respondent/petitioner considering the claim made by him within a period of two(2) weeks from the date of receipt of a copy of the said order. Aggrieved over the same, the respondent/State in the writ petition has filed the present writ appeal.

5. Though this writ appeal had been filed in the year 2012, it has been kept pending for long years i.e., more than a decade.

6. When this appeal came up for hearing earlier before a coordinate bench on 24.04.2023, a direction was given to the learned Additional Advocate General to file a status report in this regard.

7. Thereafter, pursuant to the said direction, when this writ appeal came up for hearing on 05.07.2023, the Division Bench has passed the following order:

“Pursuant to the last order dated 24.04.2023, on behalf of the Advocate General a report has been filed along with annexures.

2. The sum and substance of the report reveals that, whatever amount that has been claimed by the respondent has already been settled and a copy of the report has been served on the learned counsel appearing for the respondent who would submit that, he has received the report and after consulting with the respondent, he will revert back, hence he seeks two weeks time. 3. Post the matter on 18.07.2023.”

8. Pursuant to the said order, today when the writ appeal is taken up for hearing, Mr.G.Rajkumar, learned counsel appearing for the respondent has submitted that, as per the memo of calculation, where the bills have been settled in favour of the respondent by the appellant/Department, the fee payable to him has been completely paid, that means, the entire claim made by the respondent has been paid to him. When that being the position, on merits the appeal filed by the appellant against the learned single Judge order at this juncture need not be persuaded further, therefore, though we thought of disposing this writ appeal, before parting with the case, we want to give certain directions to the appellant/State.

9. The reason being that, pursuant to the said direction by a coordinate bench in this matter and taking into account of various orders passed by this Court at several point of time, where the similar issues had come up with regard to the alleged non-payment of fees to law officers including Advocate Ge