V VEERASAMY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is directed against the proceedings dated 31.08.2000 on the file of the first respondent as well as the proceedings dated 21.09.2000 on the file of the second respondent, whereby, the service of the petitioner as Additional Government Pleader at Dharmapuri was terminated.

(2.) THE factual matrix necessary for the disposal of the writ petition are as under Cause of action (a) THE petitioner is a practicing lawyer at Dharmapuri and he was appointed as Additional Government Pleader in the District of Dharmapuri as per proceedings dated 07.11.1996. THE period of appointment prescribed was for a term of three years. Subsequently, on 22.10.1999, the appointment was renewed until further orders. Accordingly, the petitioner has been discharging his duties to the best of his ability. A total number of 1204 cases were pending with the office of the Government Pleader at Dharmapuri and the petitioner took earnest efforts in scrutinizing the papers and conducting the matter effectively and as such, about 744 cases were disposed of during his tenure.(b) While so, the District Collector as per report dated 23.07.2000 informed the Government that there was revenue loss to the Government on account of the conduct of land acquisition cases. Ultimately, the service of the petitioner was terminated as per the impugned order even without settling his fees and aggrieved by the said proceeding, the petitioner has come up with the writ petition.Nil defence:&#8209

(3.) IT is trite that the Government like any other litigant is entitled to appoint its own counsel to represent the Government before the Courts and tribunals. Section 2(7) of the Code of Civil Procedure gives an inclusive definition to the term "Government Pleader- and as per the said definition, Government Pleader includes any officer appointed by the State Government to perform all or any of the functions express if imposed by the Code of Civil Procedure on the Government Pleader and also any pleader acting under the directions of the Government Pleader.Nature of appointment