IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WA.No. 2433 of 2006(D) ---------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.21364/2004 Dated 09/08/2006 .................... APPELLANT(S): APPELLANT ------------------------ ISAC NINAN, ADVOCATE, 3/940, K.K.ROAD, CHEMPUMUKKU, COCHIN-682 021. BY ADV. SRI.KURIAKOSE PETER SRI.RAJESH KUMAR.P.K. RESPONDENT(S): RESPONDENTS --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL LINES, KAKKANAD. GOVT.PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ---------------------------------------------- W.A. No.2433 of 2006 ---------------------------------------------- Dated 13th February, 2009. J U D G M E N T Kurian Joseph, J. The issue pertains to the claim made by the appellant/petitioner for payment of professional fees while discharging duties as Additional Government Pleader at District Court, Ernakulam. This Writ Appeal has been pending before this court since October, 2006. Thanks to the efforts taken by the learned Government Pleaders who were handling this file, it is reported that interim payments have been made. Sri.Benny Gervassis, learned Senior Government Pleader submits that in respect of the undisputed claims, the eligible amounts will be disbursed within one month from today. In order to enable the District Collector to disburse the amounts, we issue the following clarifications :- (1) In those cases covered by the common judgment, but separately tried, the appellant shall be entitled to separate fees and the same shall not be denied on the ground that there is a common judgment. (2) In cases where the name of the Government Pleader differs, if WA NO.2433/06 2 the cases have been disposed of when the appellant was the Additional Government Pleader, the fees shall not be denied for the reason that the name of the former Government Pleader appears in the judgment. It is also clarified that in cases where the name of other Government Pleaders contemporaneously discharging the duties also appearing for the claims made by the appellant, in case there is no claim by those Government Pleaders, such claims shall be allowed in favour of the appellant. (3) In cases where the records are not traced yet, it will be open to the appellant to produce a duplicate copy of the judgment and decree, in which case, the payments in respect of those cases also will be released within two weeks from the date of production of such duplicate copies. (4) The District Collector will also see that the amounts are received from the requisitioning authorities and paid to the appellant within the said period of one month. As far as the retrospective effect of the amendment claimed by the appellant, it is seen that Ext.P5 representation is WA NO.2433/06 3 pending before the Government. It is submitted that in the case of Government Pleaders attached to the High Court, retrospective effect has been given and discrimination is only in the case of Government Pleaders attached to Subordinate Courts. These are matters for the Government to consider, while a decision is taken on Ext.P5. There will be a direction to the first respondent to consider Ext.P5 and pass appropriate orders in accordance with law within three months from the date of production of a copy of the judgment. In case the appellant prays for an opportunity for hearing, the same shall also be given. KURIAN JOSEPH, JUDGE. S.S.SATHEESACHANDRAN, JUDGE. tgs KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ ---------------------------------------------- W.A. No.2433 of 2006 ---------------------------------------------- J U D G M E N T Dated 13th February, 2009.