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2013 DIGILAW 533 (JHR)

Anil Kumar Lal v. Central Coalfields Limited

2013-04-20

POONAM SRIVASTAV

body2013
ORDER 1. The instant writ petition is for direction in the nature of mandamus to the respondent-authority to make payment of the lawful and legal admitted dues of the petitioner. 2. Submission on behalf of petitioner is that he is a practicing Advocate in the District at Ranchi and was attached as a Junior Counsel to late Shri Sureshwari Prasad Akhouri, Senior Advocate since 1969. 3. Senior Advocate was engaged on behalf of Central Coalfields Limited to contest Civil, Criminal and Revenue cases on its behalf. Rs.550/- per case per appearance was fixed in the District Court as well as the Tribunal at Ranchi and the fees for the Junior Counsel i.e. the petitioner was Rs.40/- per case per appearance in the District Court as well as the Tribunal. 4. The first set of bills submitted by Shri S.P. Akhouri along with the Junior Counsel fee is demonstrated vide letter dated 27th November, 1987, copy of which is Annexure-1. 5. Learned Counsel rendered legal assistance as desired by the Senior Counsel in a number of cases in respect of lands and other interest acquired under the provisions of coal bearing areas (Acquisition and Development) Act, 1957 before the Tribunal pertaining to village Pundi, Ramgarh, Danea, Piperwar etc. 6. The Senior Counsel Shri S.P.Akhouri expired on 6thFebruary, 1989 and therefore, certain bills could not be submitted. 7. However, the petitioner continued rendering professional and legal assistance as Junior Counsel in cases with respect to the lands and other interests. He had also submitted his bills separately on 26thApril, 1989. The bills were 744(544+200) in number, which has not been paid till today. Annexure V to the writ petition is a letter written to the respondents claiming Rs.3,69,437/- only. This is in lieu of 744 (544+200) bill. This is specifically asserted in paragraphs 6 and 7 of the said letter. The respondents have not made any payment so far. 8. On the last date i.e. on 2nd March, 2012 an order was passed directing the respondents to ensure complete payment of arrears of professional fee by the next date fixed. 2nd of April was the date fixed. 9. The case has been taken up today (20.04.2012) but nothing has been paid towards his fees. The Junior Counsel of Shri G. Mustafa wanted adjournment but since the matter has considerably been delayed, I am not permitting any adjournment today. 10. 2nd of April was the date fixed. 9. The case has been taken up today (20.04.2012) but nothing has been paid towards his fees. The Junior Counsel of Shri G. Mustafa wanted adjournment but since the matter has considerably been delayed, I am not permitting any adjournment today. 10. After taking into consideration the facts and circumstances of the case, I am constrained to issue a writ of mandamus directing the respondent No.1 (Central Coalfields Limited through its Chairman cum Managing Director, Darbhanga House, Ranchi), respondent No.4 (Senior Finance Officer, Legal Department, Central Coalfields Limited, Darbhanga House, Ranchi and respondent No.5 (Assistant Revenue Officer, Revenue Department, Central Coalfields Limited, Darbhanga House, Ranchi to ensure that the complete payment of his bills are made within a period of four weeks from the date the certified copy of this order is produced before him. 11. Junior Counsel appearing on behalf of respondent shall also ensure that this order is communicated to the respondent for compliance. The respondents shall calculate the total amount of arrears towards bill and also interest @ 9% per annum on the total amount due from the date the writ petition was instituted i.e. 1st August, 2006. 12. In the event, the amount is not disbursed within the aforesaid period, the respondent shall be liable to pay compound interest. 13. The writ petition is, accordingly, allowed. 14. Copy of this order shall be given to the Counsel for necessary compliance.