9911796707
TMI Blog1993 (10) TMI 363X X X X Extracts X X X X X X X X Extracts X X X X ..... when the matter is covered by an earlier judgment he would be entitled to the fee amounting to a sum equivalent to the number of writ petitions disposed of, multiplied by ₹ 100. 3.The appellant was receiving fees as per these stipulations for over three years. However, on August 27, 1975 he was visited with the following communication: HOME (JAILS JUDICIAL) DEPARTMENT NOTIFICATION 7th August, 1975 No:12679-2JJ-75/25572.- In exercise of the powers conferred by Article 165 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules further to amend the rules regulating the remuneration and duties of the Advocate- General published with Punjab Government Notification No: 8746-JJ-53/38717, dated July 6, 1953 [hereinafter referred to as the Advocate-General Punjab (Remuneration and Duties) Rules, 1953], namely: 1.These rules may be called the Advocate- General 'Punjab (Remuneration and Duties) (First Amendment) Rules, 1975. 2.In the Advocate-General Punjab (Remuneration and Duties) Rules, 1953, in rule 6 or clause (f), the following shall be substituted namely: '(f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cabinet. The Cabinet resolved that a Sub-Committee might look into the matter and report back to the Cabinet. At this stage, the Congress Government went out of office on April 30, 1977. 6.With the exit of Congress Government, the State of Punjab came under President's Rule. The appellant offered to resign his post. However, he was requested to continue till the formation of the new Government. Eventually, his resignation was accepted on June 24, 1977. Even before this, on June 8, 1977 the Governor on the advice of his Adviser, took a decision to scrap the resolution of the Cabinet and to refer the matter to the two member Sub- Committee in relation to the fixation of fee of the Advocate General. The appellant protested against this by his letter dated June 10/14, 1977. After the formation of the new Government, the matter was taken up by the appellant with the new Government. He also requested the successor Advocate-General to take up the matter with the Chief Minister in July 1977. 7.The bills on account of the writ petition conducted by the appellant for the months August 1975 to May 1977 which were prepared according to the original scale of fees were returned by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... late a particular fee. Should the appellant be unwilling, nothing prevents him from giving up his position as Advocate-General. As a matter of fact, where no effort is made in relation to disposal of cases like batch cases or in cases which are covered by earlier decisions the Government thought fit that it will not only be prudent but also just to award one single fee. When the appellant ventilated his grievances a specific conference was convened at a high level and it was found that no revision was warranted. To contend that it is not possible for the Government to alter the fees would amount to ignoring the wording of the article. Since the Advocate- General is to discharge the functions in accordance with the law for the time being in force, once a power is given to fix the fees, the corresponding power to alter the fees from time to time is equally available. There is no necessity for the matter to be approved by the entire Cabinet. 12.The office of an Advocate-General is an exalted one. He is the supreme law officer of the State. 13. Article 165 of the Constitution of India reads as under: 165 (1). The Governor of each State shall appoint a person who is qualified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orm such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor. (3)The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine. 18.Under Article 177 he is conferred the right to audience before the Legislature of a State both in the Assembly and the Council. In fact, he is treated on a par with the Minister. The said article reads as under: 177. Every Minister and the Advocate-General for a State shall have the right to speak in, and otherwise to take part in the proceedings of the Legislative Assembly of the State or, in the case of a State having a Legislative Council, both Houses, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislature of which he may be named a member, but shall not, by virtue of this article, be entitled to vote. 19.Having regard to his high position when any statement or a concession is made by him the courts have always accepted his statement and acted on that. In Periyar and Pareekanni Rubbers Ltd. v. State of Kerala' this Court observed: Any concession made by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gher fee. If that is not agreed to he cannot compel the client that he must be entrusted with the brief for him to conduct on the fee stipulated by him. May be, the State Government, for reasons best known to itself, is not agreeable to the old fee structure. The position of the State vis-a-vis the Advocate-General may be described in the words of William Shakespeare: Whose worth is unknown, Although his height be taken. 21.But the Advocate-General cannot say that he shall be continued on the same terms of appointment. He no doubt asked the State Government as W.S. Gilbert said: Take heart of grace, Thy steps retrace. 22.But once that is not forthcoming he will have to bid goodbye as Alfred De Musset said: Malgre moi me tourmente: I can't help it, the idea torments me. 23.We have already referred to the letter dated May 5, 1978 wherein the appellant was requested to send the revised bill for the work done by him. The appellant shall send the revised bill as per that request. Within four weeks from the date of receipt of revised bill, the entire amount due to him shall be calculated in accordance with the amended Notification No. 126792JJ-75/25572 dated A ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
