Legal Services Authority to assist in obtaining certified judgments for fee claims; Court highlights issues in public fund allocation for law officers.
In a significant ruling, the Madurai Bench of the Madras High Court has directed the Legal Services Authority to assist an advocate in obtaining certified copies of judgments, which are crucial for fee settlement with the Madurai City Municipal Corporation. The petitioner, P. Thirumalai, who served as a standing counsel for the Corporation from 1992 to 2006, alleged that his fee bills amounting to Rs. 14,07,807 have not been settled in full, with only Rs. 1,02,037 paid thus far.
Justice G.R. Swaminathan, presiding over the matter, acknowledged the petitioner's financial distress, which hindered his ability to procure certified copies necessary for verifying his claims. Consequently, the court permitted Thirumalai to approach the Legal Services Authority, directing them to facilitate the acquisition of the required documents within two months. Once obtained, Thirumalai is to submit his fee bills with the enclosed certified copies for the Corporation to process within another two-month timeframe.
The judgment also addressed broader governance issues, particularly the allocation of public funds for legal services. The court criticized the "exorbitant fees" paid by government and quasi-government bodies to law officers despite financial constraints, suggesting a need for rationalizing appointments to ensure efficient governance. Citing an example from Madurai Kamarajar University, Justice Swaminathan expressed concern over the disproportionate fees paid to senior counsels, which often overshadow the financial woes faced by institutions.
Reflecting on his experience, the judge noted that the presence of Additional Advocate Generals should be warranted by the case's nature, and excessive appointments lead to unnecessary allocation of cases, ultimately burdening the public exchequer. The judgment calls for an audit into the payment practices for law officers to promote transparency and fairness in public spending.
This decision underscores the judiciary's role in advocating for procedural fairness and responsible governance, ensuring that legal professionals are remunerated justly while public funds are utilized effectively.
Bottom Line:
The Legal Services Authority directed to assist an advocate in obtaining certified copies of judgments for fee settlement by the local municipal corporation, ensuring fairness in labor jurisprudence and acknowledging the advocate's financial constraints.
Statutory provision(s): Legal Services Authority Act, Governance related to public fund allocation, Procedural fairness in labor jurisprudence.
