Ensure Advocates Representing State Aren't Forced To Approach Courts To Recover Fees : Supreme Court To Uttar Pradesh Govt

The Supreme Court has asked the State of Uttar Pradesh to ensure that the advocates representing the State Government are not forced to file petitions in Courts to recover the fees due to them.

“We hope and trust that the State will not create a situation, where an Advocate representing the State is required to approach the Court for recovery of his fees. If this scenario of creating a situation where the Advocate is compelled to approach the Court of law to recover fees from the State of Uttar Pradesh continues, it will discourage the talented Members of the Bar from appearing for the State of Uttar Pradesh,” observed a bench comprising Justices Abhay S Oka and Ujjal Bhuyan.

“We, therefore, hope and trust that a proper and rational policy is effectively implemented so that the fees of the Advocates representing the State will be paid promptly and within a reasonable time,” the Court said.

The bench made the observation while deciding a petition filed by the State of Uttar Pradesh challenging the Allahabad High Court's order which directed the State of U.P. to pay interest @8% on the outstanding dues payable to the advocate.

After the filing of the Writ Petition before the High Court, the State of U.P. has made payment of the outstanding fees amounting to Rs.10,11,000/- of the advocate who appeared for the State of U.P. However, the State had not provided an interest on the outstanding dues related to the period from March 2021 onwards.

Accepting the submission made by the advocate that the state should also pay some interest to compensate the loss suffered by him on account of payment not made when due, the High Court directed the State of U.P. to pay to the advocate interest @8% per annum on the outstanding dues from the time when they became due till payment.

Aggrieved by the aforesaid order of the High Court directing the payment of interest, the State of U.P. preferred the Civil Appeal before the Supreme Court.

It may be noted that last year also, the Supreme Court had expressed concerns at the State of UP not clearing the fees due to advocates. "The State Government will have to set its house in order by coming out with a clear policy directions which will ensure that an Advocate who appears for the State is paid his fees within a reasonable time," a bench led by Justice Oka had observed in order passed in September 2023 in a similar case.

As regards the relief in the present case, the Supreme Court modified the HC's order, by reducing the amount of interest payable to the respondent lawyer to a lumpsum of Rs. 50,000/- only.

“In this case, the amount of interest payable is Rs. 1,16,397/- in terms of the impugned order of the High Court. Considering the peculiar facts of this case, we exercise our jurisdiction under Article 142 of the Constitution of India to reduce the interest payable to the respondent to a lumpsum of Rs. 50,000/- which shall be paid by the State to the respondent within a period of six weeks from today, failing which it will carry interest at the rate of 8% per annum from the date of this order”, the Supreme Court noted while modifying the High Court's order.

Case Details: THE STATE OF UTTAR PRADESH & ORS. VERSUS GOPAL K. VERMA | CIVIL APPEAL NO(S). 2142-2143 OF 2024

Citation : 2024 LiveLaw (SC) 137