P RAMA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is a Senior Advocate of 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 1 to the writ petition) from the date of the bills to the date of payment, viz., 22-8-1986; and (b) on th'e amounts in bills in Part I and V of Anrexure'D' to G.O. Ms No. 35, dated 9-1-1988 (Annexure II to the writ petitino from the date of the bills to the date of payment, viz., 2-3-88, after deducting interest (counter icterest) payable by him at 12% simple interest from the dates of payment of the amounts made to the petitioner shown in PartsII, 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 professtioral 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 udhoc payment of Rs. 4,98,596/- towards the bills in Annexures 'A'& 'B, attached to the said G.O. In view of the fact that an adhoc 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 Secretaiy, dated 20-8-1986 expressing his thanks for the payment ot bills in Annexures'A'&'B' and inviting his attention to settle the claims enumerated in Annexure 'C', enclosed to the said letter, amounting to approximately Rs. 2 1/2 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 male 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'& 'B' to G.O.Ms.No. 227, Dt. 31-7-86 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 eate of the bills to the date of actual payments after deducting interest tcctntei interest) payable by him @ 12% in accordance with the terms of the indemnity bt nd voluntarily submitted by him.

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