IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 WP(C).No. 33318 of 2004(N) -------------------------- PETITIONER: ------------ G.SATHYABABU, ADVOCATE, S/O.GOPALAN, AGED 53 YEARS, `USHUS', DWARAKAMADAM, ANANDAVALLEESWARAM, KOLLAM DISTRICT. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAW SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KOLLAM. BY SMT.SMITHA, GOVERNMENT PLEADER FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.33318/2004 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF REPRESENTATION DATED 25/08/2003 SUBMITTED BY PETIITONER TO R3. P2 : COPY OF PROCEEDINGS DATED05/11/2003 OF R3. P3 : COPY OF REPRESENTATION DATED 30/10/2004 PREFERRED BY PETITIONER BEFORE R3. P4 : COPY OF PROCEEDINGS OF R2 DATED 31/10/2004. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No.33318 of 2004 --------------------------------- Dated, this the 24th day of July, 2008 J U D G M E N T Petitioner was District Government Pleader and Public Prosecutor at Kollam from 07/02/1997 to 08/02/2001. The dispute raised in the writ petition is with regard to the balance advocate fee to be received by the petitioner during the period he served the Government as District Government Pleader. Even though District Collector has issued a communication vide Ext.P2 releasing eligible payment, petitioner's case is that annual ceiling limit of Rs.66,000/- is not applicable for the fee payable in respect of Land Acquisition Cases and cases under SC/ST (Prevention of Atrocities) Act before the Sessions Court. Learned Government Pleader submitted that over and above the ceiling limit petitioner was paid Rs.94,600/- by the District Collector, which amount is towards payment under special statutes where upper ceiling is not applicable. Details of payments are available in the impugned proceedings, and in the claim petition, petitioner has furnished details of bills raised by the petitioner. It is not known whether all the bills are passed by the concerned authority for payment. In any case, having regard to the nature of the dispute, I feel a senior level officer handling the WP(C) No.33318/2004 -2- subject should look into the grievance of the petitioner and if there is shortage in payment, the same should be paid to the petitioner. I direct the Law Secretary to Government to call for the records and consider petitioner's claim and payments released in accordance with the Rules governing payment to Government Pleaders. If there is any short payment Government will make payment based on Law Secretary's decision. The Law Secretary will take a decision in the matter within a period of three months from the date of production of a copy of the judgment by the petitioner. Petitioner will produce copy of the original petition along with annexures and details of claim before the Law Secretary for him to take a decision in the matter. The District Collector or any other authority will furnish the details called for by the Law Secretary for deciding the matter. Payment authorised by the Law Secretary will be disbursed to the petitioner within a period of two months from the date of his decision. The writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) jg