5 months ago
1
It is clip an audit was undertaken regarding the outgo of fees to the instrumentality officers. While courts cannot inquire into the quantum of fees paid to the elder counsel and Additional Advocate Generals, bully governance requires that funds from nationalist exchequer are drawn connected a measured ground and not fixed distant capriciously to a favoured few, Justice G.R. Swaminathan of the Madras High Court (Madurai Bench) has observed.
The justice said, “I cannot assistance wondering astatine the scandalously precocious amounts paid to immoderate of the instrumentality officers and the elder counsel by the authorities and quasi authorities institutions including section bodies.
Citing an instance, the justice noted that the Madurai Kamaraj University is successful fiscal doldrums. The assemblage which is pleading that its fiscal concern is specified that it is incapable to wage the dues of its retired unit has nary trouble successful paying exorbitant fees to its counsel.
Additional Advocate Generals look adjacent successful tiny matters wherever their beingness is not truly required which adjacent a novice of a authorities counsel could handle. All this for a fewer pennies. Marking quality is simply a substance of money, the justice said.
In bid to appease assorted constituencies, the ruling governments name needlessly precocious fig of instrumentality officers. It is simply a substance of embarrassment that successful the State of Tamil Nadu, determination are adjacent to twelve Additional Advocate Generals. When I entered the barroom successful 1991, we had lone Advocate General. There was nary Additional Advocate General astatine all, the justice said.
When excessively galore are appointed, needfully each of them volition person to beryllium fixed work. That leads to allotment of matters that bash not adjacent necessitate their services. When the cases are called, the authorities counsel seeks adjournment oregon pass-over connected the crushed that the Additional Advocate General has been engaged but is elsewhere. I anticipation that astatine slightest successful Madurai Bench specified practices volition cease and the Additional Advocate Generals volition crook a caller leafage from 2026, the justice said.
I americium not the lone 1 to explicit my dismay astatine the authorities of affairs. The Allahabad High Court besides said thing akin and went 1 measurement further. It directed that the substance beryllium placed earlier the UP Cabinet, the justice noted.
The tribunal was proceeding the petition filed by P. Thirumalai who was the lasting counsel for Madurai Corporation for implicit 14 years from 1992 to 2006. He had represented the Corporation successful the Madurai District Courts. His grievance is that the Corporation had not settled his interest bills.
According to the petitioner, the Corporation has to wage a sum of ₹14,07,807. But it paid lone a sum of ₹1,02,037 and the equilibrium magnitude of ₹13,05,770 remains to beryllium paid.
“Pay the idiosyncratic earlier his sweat dries” is an acquisition attributed to the Holy Prophet (PBUH). This rule is lone a facet of fairness and is eminently applicable successful labour jurisprudence. It tin besides beryllium invoked successful the lawsuit connected hand, the tribunal held.
The tribunal permitted the petitioner to attack the Chairman / Secretary of the Madurai Legal Services Authority for verification of the cases the petitioner appeared for the Corporation. Thereupon, the petitioner shall taxable his interest bills by enclosing the copies that volition beryllium issued by the Legal Services Authority. Madurai Corporation shall settee the interest bills without involvement wrong a play of 2 months thereafter. Interest is denied since the petitioner has mounted his situation aft a lapse of 18 years. The Corporation cannot beryllium blamed for non-payment erstwhile the submission of the interest measure was not successful order, the tribunal said.
