New Delhi, Dec 21: The Madurai Bench of the Madras High Court has come down heavily on the Madurai City Municipal Corporation for its failure to clear long-pending professional fee bills of its former standing counsel, observing that non-payment of dues violates basic principles of fairness and justice.
Justice G R Swaminathan, while delivering the judgment on December 19, strongly disapproved of the Corporation’s conduct and emphasised the moral and legal obligation of employers to ensure timely payment to those who render services.
The case was filed by advocate P Thirumalai, who served as the standing counsel for the Madurai City Municipal Corporation for over 14 years, from 1992 to 2006. During this period, he represented the civic body in hundreds of cases before courts in Madurai district.
The petitioner approached the High Court stating that despite rendering extensive legal services, the Corporation failed to clear his professional fee bills. According to him, while the total amount payable was Rs 14.07 lakh, the Corporation had paid only Rs 1.02 lakh, leaving a balance of Rs 13.05 lakh unpaid for several years. He had first approached the High Court in 2006 seeking payment of his dues.
While examining the issue, Justice Swaminathan strongly criticised the manner in which government bodies spend public money on legal representation. He pointed out the routine practice of engaging senior advocates in matters where their presence was not actually required, while simultaneously pleading financial incapacity to pay legitimate dues.
Referring to such contradictions, the judge observed,
“The university, which is pleading that its financial situation is such that it is unable to pay the dues of its retired staff has no difficulty in paying exorbitant fees to its counsel.”
The Court further noted that senior law officers were being unnecessarily engaged even for minor cases. Justice Swaminathan remarked,
“Additional Advocate Generals appeared even for small matters where their presence was not really required and where even a ‘novice of the government counsel could handle’.”
Criticising the mindset behind such expenditure, the judge observed,
“All this for a few pennies. Marking appearance is a matter of money. It is time an audit is undertaken regarding the payment of fees to the law officers,”
and stressed the urgent need for transparency and accountability in public spending on legal fees.
Coming to the specific case of the petitioner, the Court noted that P Thirumalai had appeared in as many as 818 cases on behalf of the Corporation. It also recorded submissions that the lawyer was in severe financial difficulty and was unable to even afford the cost of obtaining certified copies of court records required to substantiate his claims.
While ordering relief in favour of the petitioner, Justice Swaminathan invoked a well-known moral principle attributed to Prophet Muhammad, stating,
“Pay the worker before his sweat dries.”
Explaining its relevance, the judge observed,
“This principle is only a facet of fairness and is eminently applicable in labour jurisprudence. It can also be invoked in the case on hand,”
underscoring that timely payment is not merely a legal requirement but a matter of basic justice.
Taking a practical approach, the High Court directed the Legal Services Authority attached to the Madurai District Court to verify the list of cases handled by the petitioner. The Authority was also directed to obtain certified copies of the relevant case records and provide them to the petitioner within a period of two months.
After verification of the fee bills, the Madurai City Municipal Corporation was directed to settle the verified amount within a further period of two months. The Court clarified that the payment shall be made without interest. (KDC)
