IMPORTANT POINT
The court ruled that a panel advocate is entitled to professional fees for all cases where they were authorized to represent the Gaon Sabha, regardless of the nature of the cases.

JUDGMENT :

1. Heard Sri Alok Kumar Yadav, learned counsel for the petitioner, Sri Gireesh Chandra Tiwari, learned Standing Counsel for the State respondents and perused the record.

2. This writ petition has been filed on behalf of petitioner for quashing of impugned order dated 20.7.2023 passed by respondent no.2, by which representation of petitioner claiming his professional fees was rejected as well as for payment of Rs.4,12,275/-along with 18% interest as professional fees for the cases wherein the petitioner represented Gaon Sabha of District Jaunpur.

3. The brief facts of the case are that the petitioner is a practising advocate before this Court since 2004. The petitioner was engaged/appointed as panel advocate to conduct the cases filed against the Gaon Sabha vide order dated 16.5.2013. The petitioner was authorized to receive notices and conduct the cases on behalf of Gaon Sabhas of Varanasi Division. The Varanasi Division includes districts Varanasi, Ghazipur, Jaunpur and Chandauli. The petitioner had worked with utmost sincerity and honesty. Unfortunately, the petitioner was removed from panel of Gaon Sabha on 27.12.2019. The petitioner raised his professional bills for the cases in which he represented the Gaon Sabha. The bills pertains to Gaon Sabhas of District Ghazipur were cleared by the District Magistrate, Ghazipur after due verification and transferred Rs.3,55,350/-in the bank account of petitioner. Similarly the bills pertains to Gaon Sabhas of District Varanasi were also paid to the petitioner. Almost the bills of Gaon Sabhas of District Chandauli were paid and few bills remain unpaid and petitioner has been assured by the competent authority for payment of the same. So far as the District Jaunpur is concerned, in spite of repeated request the outstanding bills were not cleared by the respondent no.2. The petitioner had filed Writ-C No.34606 of 2021 which was disposed of by the Division Bench of this Court on 4.3.2022 directing the authorities concerned to consider the grievance of the petitioner. In spite of order dated 4.3.2022 no heed was paid by respondent no.2, then the petitioner had filed Civil Misc. Contempt Application No.3974 of 2022. After filing contempt petition, the respondent no.2 has passed the order on 15.10.2022 rejecting the claim of the petitioner merely on the ground that bills from Sl. No.1 to 39 are relates to fair price shop, enquiry against Pradhan, Lohia Awas, Gramin Awas, misappropriation of government funds, Anganbadi stipend, ration card and they are not relates to Gaon Sabha. The petitioner again approached to this Court by filing Writ-C No.35750 of 2022 and Division Bench of this Court while dismissing the writ petition vide order dated 21.2.2023 permitted the petitioner to approach the respondent no.2 for his grievances. The petitioner again approached to respondent no.2 by filing detailed representation on 6.3.2023 which was again dismissed by respondent no.2 by the impugned order dated 20.7.2023 relying his earlier order dated 15.10.2022.

4. It is submitted by learned counsel for the petitioner that the petitioner was appointed as panel advocate to conduct the cases on behalf of Gaon Sabha of Varanasi Division. The petitioner appeared in all the cases in which the Gaon Sabha of District Jaunpur was a party and notices were served to the petitioner. The petitioner did his professional work with sincerity and with due diligence and assisted the Hon’ble Court in those matters.

5. It is further submitted that as per engagement/appointment letter, the petitioner was authorized to receive notices in all the cases in which the Gaon Sabha was impleaded as a party and also represent Gaon Sabha before the Hon’ble Court and as such is entitled for professional fees, as per norms. More so, the payment of professional fees relates to Gaon Sabhas of districts Varanasi, Ghazipur and Chandauli have already been paid by the authorities without raising any objection but his rightful claim has be