Top Court urges state of UP to ensure prompt payment for Govt. lawyers

Top Court urges state of UP to ensure prompt payment for Govt. lawyers

The Supreme Court has directed the Uttar Pradesh government to formulate a comprehensive policy addressing the timely payment of government lawyers, discouraging the need for legal recourse to obtain their dues. 

The court order, issued on February 12 by a bench comprising Justices Abhay S Oka and Ujjal Bhuyan, underscoring the importance of establishing a systematic approach to ensure that state lawyers receive their fees without having to resort to litigation.

The judicial bench expressed concerns that the current practice of compelling advocates to approach the court for the recovery of fees could deter talented legal professionals from representing the State of Uttar Pradesh. The court highlighted the need for a proper and rational policy that would be effectively implemented to guarantee prompt and timely payment of fees to lawyers representing the state.

This development unfolded during the hearing of two appeals filed by the Uttar Pradesh government challenging orders from the Allahabad High Court. These orders had directed the release of payments to lawyers along with accrued interest, prompting the Supreme Court to intervene.

To address the matter, the Supreme Court exercised its plenary powers under Article 142 of the Constitution, reducing the interest amounts from ₹1.16 lakh and ₹4.91 lakh to lump-sum payments of ₹50,000 and ₹3 lakh, respectively. The court mandated that these payments be made within six weeks, failing which they would incur an 8 per cent annual interest penalty from the date of the Supreme Court's order.

The appeals were subsequently disposed of, marking a notable development in the ongoing issue of timely compensation for government lawyers. 

Case: State of Uttar Pradesh and ors vs Gopal K Verma,

CIVIL APPEAL NO(S). 2142-2143 OF 2024 (@ SPECIAL LEAVE PETITION(CIVIL) NO(S). 19629-19630 OF 2023).

Click to read/download judgment.

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