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Synopsis

The Madras High Court on Monday this week allowed a further 30 days time to the Chief Secretary to the Government of Tamil Nadu to take necessary steps to comply with the court's directions issued on July 18, 2023, pertaining to the appointment of a Nodal Officer for clearing of the professional fee bills of Law Officers or erstwhile Law officers.

The Nodal Officer will also look after the engagement of higher law officers like Advocate General, Additional Advocate General, etc. in specific cases.

The order was passed in a matter that was initiated by Thiru. S. Ramasamy, former Additional Advocate General-I of Tamil Nadu against non-clearing of his professional fee bills by the State Government. 

He had alleged that he appeared for the Government in the capacity of Additional Advocate General-I in the years 2006 – 2011 and accordingly, a bill was claimed by him as an Additional Advocate General-I, but even after a lapse of more than 12 years, the department had not come forward to settle his bills.

In the matter, multiple orders were passed by the high court, and on July 18, 2023, court directed the State Government to consider and implement the four suggestions made by the current Advocate General for payment for Law Officers' fee. 

The Advocate General, in his letter dated June 8, 2023, which was addressed to the Chief Secretary to the Government of Tamil Nadu, had suggested that a Nodal officer in the rank of Secretary or Additional Secretary of the State Government should be specifically nominated for the purpose of dealing with the requests made on behalf of the various departments for nomination of Advocate General and Additional Advocate General for the appearance in important cases by or against the State Government and its Departments.

He had also proposed that such Nodal Officer should also consider and look after the professional fee claim made by various law officers starting from Advocate General, Additional Advocate General, State Government Pleader, Special Government Pleader, Additional Government Pleader, Government Advocate, etc and dispose of the same within 30 days.

Moreover, he had suggested that in order to assist the Nodal Officer, minimum secretarial staff should also be provided by the State Government.

On July 18, the court had directed the Chief Secretary to the Government to comply with the court's directions which were issued in inconsonance with the suggestions made by the Advocate General by August 28, 2023. 

However, when the matter was taken up on August 28 for reporting compliance, the Special Government Pleader appearing for the State Government told the court that the Chief Secretary to the Government had sought three months' more time for compliance. 

He placed on record a letter dated August 23, 2023 by the Chief Secretary which stated that there is already an existing procedure for sanction of appearance of Advocate General/Additional Advocate Generals but since the court had ordered to change the system, which will include framing of a guideline and a policy decision, therefore, more time was needed. 

The division bench of Justice R Suresh Kumar and Justice K Kumaresh Babu observed that though more time had been sought through the Chief Secretary's letter, "nothing had been stated as to the steps that had already been taken by the Chief Secretary towards compliance of court's order.

"Such directions were given by this Court of course taking note of the suggestions given by the premier Law Officer of the State i.e. Advocate General of Tamil Nadu, therefore for complying the same by giving utmost importance, the appellant herein i.e., the Chief Secretary representing the State Government ought to have acted upon," said the bench. 

The bench stressed that when such an important issue was considered and a set of directions had been issued, in all fairness, utmost priority ought to have been given by the Chief Secretary to the Government of Tamil Nadu for compliance. 

Therefore, while expressing their dissatisfaction over the way in which the issue had been dealt with by the State Government especially the Chief Secretary to the State Government, the division bench gave a further 30 days time for compliance of court's earlier order. 

"Failing which, the Chief Secretary to Government of Tamil Nadu shall appear before this Court and give explanation as to for what reason the orders could not be complied with despite this extension of time is granted," ordered the bench. 

The matter will be next taken up on September 29, 2023 for reporting compliance.

Case No: W.A.No.1102 of 2012