'Mighty State Fighting Against A Sweeper' : Supreme Court Directs Deposit Of Legal Costs For Notice On Challenge Against Regularization

Expressing surprise at the "mighty state fighting against a sweeper", the Supreme Court on Friday directed a Municipality to deposit legal costs of Rupees 50,000 as condition to issue notice on its challenge against a High Court direction for regularization of service.

A bench comprising Justices L Nageswara Rao and BR Gavai was considering two appeals filed by the Commissioner, Bodinayaknaoor Municipality of Tamil Nadu, against the directions of Madras High Court(Madurai Bench) for regularization of services of a sanitary workers.

"Mighty state fighting against a sweeper! Why should you drag him here? He is a last grade employee! These sanitary workers..sweepers...they might be working in the same grade even now. How much money he should spend to engage a lawyer here?", Justice Rao told Amit Anand Tiwari, the Additional Advocate General of Tamil Nadu, when the matter was taken.

The AAG said that the challenge was being made as the directions were being applied in several other cases.

The bench said that that will issue notice only a condition to deposit Rs 50,000 as legal costs for the respondent. Though the Tamil Nadu AAG requested for the costs to be reduced, the bench did not agree.

"You know how much lawyers charge!Even juniors", Justice Rao said with a smile.

The appeal was filed against a 2018 order of the division bench of the Madras High Court, which dismissed a review filed against a judgment passed in 2015.

The Supreme Court said that subject to the payment of the costs to the respondent, there will be a stay of the High Court's order.

The Court's order stated :

"Subject to payment of Rs.50,000/- each  which shall be released in favour of Respondent No.1 in Diary No. 18941/2020 and Respondent Nos.1 to 4 in Diary No. 18939/2020 to meet their legal expenses, issue notice on the application for condonation of delay as well as on the Special Leave Petition.

Subject to the payment as aforesaid, there shall be stay of operation and effect of the impugned orders of the High Madras High Court, in the meanwhile"

Click Here To Read/Download The Order