Ensure Advocates Representing State Are Paid In Time, Unfortunate That They've To Approach Court : Supreme Court To UP Govt

The Supreme Court on Monday (04.09.2023) expressed its displeasure at advocates being constrained to approach the court to recover legal fees due to them for representing the State Government.

The Apex Court was hearing a plea by the State of Uttar Pradesh against an order of the Uttarakhand High Court that had directed the State to pay interest to an advocate on outstanding legal fees. 

The bench of  Justice Abhay S. Oka and Justice Pankaj Mithal, while granting a stay on the directions of the High Court to pay interest, directed the State Government to set out a policy for ensuring timely payment of fees for advocates representing the state.

“..it is very unfortunate that the Advocates representing the State Government have to approach the Court of Law for recovery of their fees.

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. In this behalf, the State Government shall file an affidavit on or before the next date of hearing.” 

The Respondent in the matter is an Advocate who had approached the Uttarakhand High Court seeking payment of outstanding bills from December, 2009 onwards. The High Court had directed the State Government to pay to the advocate interest @8% per annum on the outstanding dues from the time when they became due till payment. The State Government had also filed a review application against this order, which was dismissed by the High Court. This prompted the State Government to approach the Apex Court.

The Apex Court while granting a stay on the order of the High Court, issued notice to the Respondent.

Also Read- Supreme Court 'Shocked' To See Lawyer Filing Article 32 Petition Against State To Recover Legal Fees

Case : State of Uttar Pradesh v. Bina Pandey

Citation : 2023 LiveLaw (SC) 769

Click here to read the order