J M JAMEELA IBRAHIM Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is an advocate practising before the Courts at Quilon. She was appointed as the Government Pleader and Public Prosecutor by the State Government for Quilon District for conducting cases for and on behalf of the State of Kerala. Apart from the Criminal and Civil cases, for and on behalf of the State, she has to represent the State Government on its various Departments, before the Tribunals or quasi judicial authorities.

(2.) It is the case that she was directed on behalf of the State to conduct certain Motor Accident Claims filed before the Motor Accident Claims Tribunal at Quilon. While passing the awards, the Motor Accidents Claims Tribunal had fixed the advocate fees to be paid in respect of those cases in the award itself. But when she applied for payment of the said amount fixed by the Tribunal, the same was declined by the respondents on the basis of Ext. P- letter dated issued by the District Collector, Quilon to the petitioner, wherein it is stated that the Government in their Circular No. 7621/B3/86/LAW dated 1-8-1988 had ordered that the advocates who appear before the Motor Accident Claims Tribunal and Labour Tribunal are entitled to get fees as per Item 17 of Rule 32 of the Kerala Government Law Officers (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978. She was, therefore, directed to prefer a fresh claim as laid down in the above Rule duly signed by the presiding officer of the Court.

(3.) The petitioner challenges the validity of the above circular issued by the Government and Ext. P-1 letter issued by the District Collector in this proceedings filed under Article 226 of the Constitution of India and prays for issuance of a writ of certiorari or other appropriate writ, order or direction and also to issue a writ of mandamus or other appropriate writ, direction or order directing the District Collector, Quilon to take urgent steps for disbursing the advocate fees to the petitioner fixed by the Motor Accident Claims Tribunal in the cases mentioned in the Original Petition. She also prays for consequential reliefs.