'Problem Seems To Be Endemic': Delhi High Court Reprimands Delhi Govt For Failure To Pay Government Counsels' Fees, Recommends Centralised Scheme

The Delhi High Court on Wednesday admonished the Delhi government for its repeated failure in clearing the outstanding dues of its government counsels.

The petitioner, a government counsel, had raised several memos to the State government for outstanding payment in lieu of her professional service. However, despite such constant communication the government had failed to clear the outstanding dues.

The High Court vide order dated February 17 had noted that approximately 44 memos raised by the petitioner were awaiting payment. Accordingly, the Court had given the State government a 'last and final opportunity to clear all such outstanding payments within a period of six weeks.

During the hearing on Wednesday, Justice Prathiba M. Singh reprimanded the government for its failure to comply with the earlier order. Accordingly, the Court remarked with anguish,

"The above order, as can be seen, was passed way back in February 2021, and time was granted to clear all the outstanding dues within a period of six weeks. However, the present application shows that the bills have not been cleared and no payment has been made to the Petitioner. The petition was filed way back in 2019 and despite two years having passed, the outstanding bills were not paid. Even the order of this Court has had no impact on the authority concerned."

In order to prevent repeated occurrence of such inaction, the Court recommended that the government should implement a centralised mechanism to expedite payment of fees.

"Considering the fact that counsels cannot be made to wait endlessly for clearing of their outstanding payments for the professional services they have rendered, there ought to be a proper streamlined mechanism which is centralised to expedite and make timely payment. This would ensure that counsels are not made to run from pillar to post for submitting their bills, getting the same approved and thereafter, for following up on payment from the department/authority concerned", the order read.

In order to ensure that such a mechanism is put in place, the Court directed the Law Secretary of the State government to hold a meeting with relevant departments to devise a mechanism for the swift payment of counsels' bills. The report would have to be placed before the Court within a period of four weeks.

On receipt of the report, the Court would consider whether heavy costs, as also interest on the delayed payment, would be imposed in the present case for the delayed period.

The matter has been listed for further hearing on August 20.

Case Title: Anjana Gosain v. Government of NCT of Delhi

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