The Delhi High Court has addressed the issue of delayed payments to government-empaneled lawyers, prompted by a writ petition filed by Anjana Gosain seeking recovery of Rs. 15,93,850 in unpaid fees. The ruling aims to resolve the persistent problem of outstanding legal fees despite numerous follow-ups and legal notices.
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NEW DELHI: The Delhi High Court has addressed the persistent issue of delayed payments to government-empaneled lawyers. This ruling brought forward by Anjana Gosain, a panel counsel for the Government of NCT of Delhi (GNCTD), aims to address and resolve the long-standing problem of outstanding legal fees. Gosain’s writ petition sought the recovery of an unpaid amount totaling Rs.15,93,850, which had remained unsettled despite repeated follow-ups and legal notices, leaving her no choice but to take legal action.
Issues Involved
The core issues presented in the case included:
- Delay in Payment of Fees: Anjana Gosain argued that the GNCTD had significantly delayed the payment for her professional services, causing undue hardship.
- Implementation of a Centralized System: The necessity for a streamlined, centralized system to manage and expedite the processing and payment of lawyers’ fees to prevent future delays was a major focal point of the court’s examination.
Justice Prathiba M. Singh, presiding over the case, issued several pivotal directives designed to ensure timely payments and the establishment of an efficient system for processing lawyers’ fee bills.
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Key Observations and Orders
- Payment of Outstanding Fees: The court directed the GNCTD to clear all pending fees owed to Anjana Gosain within six weeks. Justice Singh warned that failure to comply would allow the petitioner to approach the court again, which would then consider imposing heavy costs and interest for delayed payments.
- Centralized System for Fee Payments: Emphasizing the need for a centralized mechanism, Justice Singh observe, “Counsels should not be left waiting indefinitely for the clearance of outstanding payments for their professional services. There must be a streamlined and centralized mechanism to ensure timely and efficient payment.”
- Online Single Window System (OSWS): The court instructed the Law Secretary, GNCTD, to work with relevant departments to establish an Online Single Window System (OSWS) for processing lawyers’ fee bills. This system aims to minimize paperwork and ensure quicker verification and payment of bills.
- Timelines and SOP Adherence: Justice Singh mandated strict adherence to the Standard Operating Procedures (SOP) for uploading and processing electronic bills. She noted, “The timelines outlined in the SOP must be strictly followed. The pending API integration should be completed promptly, within a maximum of three months.”
- Technical Support: The National Informatics Centre (NIC) was directed to continue providing necessary support to ensure the OSWS portal functions smoothly and that any technical issues are resolved promptly.
This ruling by the Delhi High Court sets a precedent for the timely settlement of legal fees and underscores the necessity of an efficient, centralized system for processing payments. The establishment of the OSWS is expected to streamline the process, reduce administrative burdens, and ensure that lawyers are compensated promptly for their services. This decision also highlights the court’s commitment to ensuring justice and fairness for legal professionals serving government departments.
