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Synopsis

The Supreme Court has asked the Uttar Pradesh government to ensure that a rational policy is implemented to ensure prompt payment of fees for its lawyers or it would discourage talented members of Bar from appearing for it.

"We hope and trust that the State will not create a situation, where an advocate representing the State is required to approach the court for recovery of his fees. 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," a bench of Justices Abhay S Oka and Ujjal Bhuyan said.

The court took note of a submission by the state government that the State of Uttar Pradesh has agreed to set up a machinery which will ensure that the lawyers representing the State Government will be paid their fees promptly. 

"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 said.

The court was hearing two appeals by the state government against the High Court's orders on payment of fees and computing interests on pending payment to the counsel.

 Using its power under Article 142 of the Constitution to do complete justice, the bench reduced interests amount from Rs 1,16,397 to lump sum amount of Rs 50,000.

"Considering the peculiar facts of this case, we exercise our jurisdiction under Article 142 of the Constitution of India to reduce the interest payable to the respondent to a lumpsum of Rs 50,000 which shall be paid by the State to the respondent within a period of six weeks, failing which it will carry interest at the rate of 8% per annum from the date of this order," the bench said.

In another case, the respondent-advocate was forced to approach the High Court as her bills for the period from December, 2009 to December, 2017 were kept pending by the State of Uttar Pradesh. The writ petition was filed on October 20, 2022. 

The High Court's order noted that after filing of the petition, a sum of Rs 13,85,600 as claimed by the respondent was paid. 

The interest payable in terms of the order was at the rate of 8% per annum. 

The court noted according to the State, the interest payable was of Rs 4,91,727 but, the respondent claimed, the interest payable was of Rs 7,56,000.

"We exercise our jurisdiction under Article 142 of the Constitution of India and direct the State of Uttar Pradesh to pay a lump sum amount of Rs 3,00,000 towards interest within a period of six weeks from today. On the failure to pay the lump sum amount of interest within stipulated time, it will carry interest at the rate of 8% per annum from the date of this order," the bench said.

The court allowed the appeals in terms of the order.