P RAM REDDY Vs. STATE OF A P

JUDGEMENT

(1.) The petitioner is a Senior Advocate of the Supreme Court. He was appointed by the Government of Andhra Pradesh as its senior counsel to appear for the State of Andhra Pradesh in the Supreme Court cases at the prescribed scales of fee. The petitioner prays for the issue of a writ of mandamus to the respondent to pay interest and/or compensation at the rate of 12% simple interest per annum on (a) the amounts in the bills in Annexure-`A' and Annexure-`B' to G.O. Ms. No. 227, dated 31-7-1986 (Annexure- I to the writ petition) from the date of the bills to the date of payment, viz., 22-8-1986; and (b) on the amounts in bills in Part I and V of Annexure- `D' to G.O. Ms. No. 35, dated 9-1-1988 (Annexure- II to the writ petition) from the date of the bills to the date of payment, viz., 2-3-1988, after deducting interest (counter interest) payable by him at 12% simple interest from the dates of payment of the amounts made to the petitioner shown in Parts II, III, IV and VI of Annexure- `D' to G.O. Ms. No. 35, dated 19-1-1988, to the final payment made to the petitioner, viz., 2-3-1988.

(2.) The question arising in this writ petition, therefore, is whether the petitioner is entitled to payment of interest or compensation @ 12% per annum on the amounts paid to him as legal remuneration on the ground that there was inordinate delay in the payments of the professional fee to the petitioner. It may not be necessary to go into the details of the various applications filed by the petitioner before the concerned authorities for the payment of his fees which have been mentioned in the affidavit filed in support of the writ petition. It may, however, be stated that according to the petitioner he has been filing bills for payment of his fees in time and has been sending reminders to the State Government authorities to pay the professional fee due to him. As a result of the efforts put in by the petitioner, G.O. Ms. No. 227, Law Department, dated 31-7-1986 was issued granting an ad hoc payment of Rs. 4,98,596/- towards the bills in Annexures- `A' and `B' attached to the said G.O. In view of the fact that an ad hoc amount was sanctioned in the said G.O. Ms. No. 227 dated 31-7-1986, various Departments were asked not to make any payment of bills to the petitioner. The actual payment was effected on 22-8-1986. The petitioner addressed a letter to the Chief Secretary dated 20-8-1986 expressing his thanks for the payment of bills in Annexures- `A' and `B' and inviting his attention to settle the claims enumerated in Annexure- `C', enclosed to the said letter, amounting to aproximately Rs. 2 lakhs. He also demanded payment of interest at the rate of 12% in view of the long delay occurring in the payment and settlement of his bills. The petitioner also submitted voluntarily an indemnity bond duly stamped to the effect that he is prepared to make good the excess payment, if any, with interest at the rate of 12% P.A. Thereafter the petitioner issued a lawyer's notice dated 1-2-1987 demanding payment of a sum of Rs. 1,35,185/- with interest @ 12% on the amounts in the bills in Annexures-`A' and `B' to G.O. No. 227, Dt. 31-7-1986 from the date of the bills to the date of payment, i.e., 22-8-1986 and the amounts in bills in Annexure- `C' attached to the letter dated 20-8-1986 from the date of the bills to the date of actual payments after deducting interest (counter interest) payable by him @ 12% in accordance with the terms of the indemnity bond voluntarily submitted by him.

(3.) The State Government issued another G.O. Ms. No. 35, Law Department, dated 19-1-1988 sanctioning a further payment of Rs. 1,28,759/- on ad hoc basis towards full settlement of his arrears of fee The petitioner thereon conveyed his thanks to the Chief Secretary in his letter dated 6-3-1988 for the full settlement of his fee claims. The petitioner, however, has now filed the present writ petition claiming interest or compensation @ 12% P.A. on the amounts in the various annexures to G.O. Ms. No.227, Law Department, dated 31-7-1986, and G.O.Ms. No. 35, Law Department dated 19-1-1988, as indicated above.