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1984 DIGILAW 109 (KER)

R. G. DIAS v. DISTRICT COLLECTOR

1984-04-05

K.BASKARAN, M.P.MENON

body1984
Judgment :- 1. The sole question that falls for decision in these two writ petitions filed by two Law, Officers attached to the District Court, Ernakulam, is whether they are entitled to fee as specified in R.33 of the Kerala Government Law Officers (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978. Relying on the provisions contained in the Note to R.32 of the aforesaid Rules the Collector has declined to give the fee allowed by the Court. Note to R.32 of the said rules reads: "Note: (1) When two or more cases are heard together or where in a number of connected cases, the result is virtually determined by the issues in one of such cases, fee for only one case, will be paid. (2) All the appeals, revisions or petitions from one judgment or order will be together considered as one case if they are heard together." 2. Counsel far the petitioners, however, submitted that they place reliance on R.33 of the Rules, which reads: "33. Determination of fee: (1) In all civil cases or proceedings including those relating to execution proceedings where costs are recoverable by the Government from the other party the Government Law Officer shall be paid the fee which the Court decrees. (2) Where no fee is fixed by the Court or where no fee is recoverable from the other party, the regulation fee or such other fee as the Government may, at their discretion, determine, may be paid. When fee is fixed by Court, it shall be paid". The Collector evidently did not advert to the provisions contained in R.33, of the Rules. Placing reliance on the Note to R.32 of the Rules, he disallowed the fee granted by the Court to the Law Officers concerned. We have no doubt that the petitioners are entitled to remuneration as provided in R.33 of the Rules on the facts of the case. Having beard the Advocate General and the counsel for the Petitioners, and having gone through the provisions contained in the relevant Rules we are satisfied that the note to R.32 does not in any way take away the Government Pleader's right to receive the fee allowed by the Court in terms of R.33 of the Rules. 3. Having beard the Advocate General and the counsel for the Petitioners, and having gone through the provisions contained in the relevant Rules we are satisfied that the note to R.32 does not in any way take away the Government Pleader's right to receive the fee allowed by the Court in terms of R.33 of the Rules. 3. The result, therefore, is that there will be a direction to the first respondent, Collector to fix the fee in terms of the provisions contained in R.33 of the Rules, and to make the payment to the petitioners as expeditiously as possible. The writ petitions are disposed of as above; and the first respondent-Collector will make the payments to the petitioners as expeditiously as possible, at any rate within three months from the date of receipt of a copy of this judgment. Communicate a copy of this judgment to the first respondent-Collector, forthwith. A carbon copy of this judgment will be granted to counsel for the petitioners, on usual terms, if applied for in that behalf.