The Supreme Court has directed the Uttar Pradesh Government to establish payment policies for Government lawyers, aiming to prevent delays and disputes regarding their remuneration. This directive comes as a response to concerns raised about the necessity of timely compensation and the avoidance of legal interventions by lawyers representing the state.
New Delhi: Recently, the Supreme Court has directed the Uttar Pradesh Government to guarantee that state-appointed advocates are not compelled to initiate court petitions to retrieve their outstanding fees.
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A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan, in an order issued on February 12, emphasized the necessity of preventing government lawyers from resorting to litigation to secure their dues. The bench highlighted that such practices are undesirable and could dissuade proficient lawyers from representing the state.
“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. 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 bench stated.
Representing the State of Uttar Pradesh, Additional Advocate General Garima Prashad, along with advocates Pradeep Misra, Daleep Dhyani, Suraj Singh, Manoj Kumar Sharma, and Bhuwan Chandra, appeared before the court.
This directive came in response to two appeals lodged by the state government challenging Allahabad High Court verdicts mandating the disbursement of payments to lawyers alongside accrued interest.
Advocates Jayant Mohan, Aarohi Bhalla, Adya Shree Dutta, Somesh Chandra Jha, Pyoli, Ejaz M. Qureshi, and Shreay Saini represented the original petitioners (lawyers) in the High Court proceedings.
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Under Article 142 of the Constitution, the Supreme Court opted to reduce the interest amounts from ₹1.16 lakh and ₹4.91 lakh to fixed sums of ₹50,000 and ₹3 lakh, respectively.
The Uttar Pradesh Government is now required to settle the payments within a six-week timeframe; otherwise, they will incur an 8 percent annual interest penalty from the date of the Supreme Court’s order. Subsequently, the appeals were resolved and closed.
CASE TITLE: State of Uttar Pradesh and ors vs Gopal K Verma
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