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Rajasthan High Court - Jaipur

Suo Motu vs State Of Raj & Anr on 13 September, 2012

Author: Arun Mishra

Bench: Arun Mishra

    

 
 
 

 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN 
AT JAIPUR BENCH, JAIPUR

D.B. CIVIL WRIT PETITION (PIL) No.3522/2012
Suo-Motu vs. State of Rajasthan & Anr. 

DATE OF ORDER 		:            13th September, 2012

 HON'BLE THE CHIEF JUSTICE MR.ARUN MISHRA
HON'BLE MR. JUSTICE  NARENDRA KUMAR JAIN-I

Suo-Motu
Mr. N.A. Naqvi Sr. Counsel (AAG) with
Mr. Mohd. Rahil Kalam, for respondent-State.

An order dated 4th September, 2012 has been placed on record wherein the payment, to be made to the Government Counsel, Deputy Government Counsel, Government Advocate, Deputy Government Advocate, Assistant Government Advocate, P.P., Special PP, Additional P.P, Additional P.P. (Fast Track), has been revised. Following order is passed on 4th September, 2012 by the Government of Rajasthan, Law and Legal Affairs Department:-

Government of Rajasthan Law & Legal Affairs department No.F.15(12)Raj./Vad./2006 Jaipur, Dated : 4-9-12
-:Order:-
In partial modification of order no. No.F. 15(12)Raj./Vad./2006 Jaipur, Dated 26.10.2010 the appearance fees and drafting and settling charges shall stand revised as under with effect from 01.09.2012.
Clause B(3) of aforesaid order dated 26.10.2010 shall be substituted by the following :-
B(3)(i) Government Council/Addl. Government Counsel Counsel/Dy.Government Counsel Rs.560/- per day irrespective of number of cases listed in a day shall be paid as fixed fees.
(ii) Government Advocate/Addl. Government Advocate/Dy. Government Advocate/Asst. Government Advocate Rs.1,000/- Per Day irrespective of number of cases listed in a day shall be paid as fixed fees.
(iii) P.P./Sp.P.P./Addl.P.P./Addl.P.P. (Fast Track) Rs.500/- Per day irrespective of number of cases listed in a day shall be paid as fixed fees.

Clause (D) of aforesaid order dated 26.10.2010 shall be substituted by the following Drafting & Settling Charges :-

(1) Advocate General -Rs.2,800/-Per Case (2) Additional Advocate General -Rs.2,100/-Per Case (3) Government Counsel/Addl. -Rs.1,000/-Per Case Government Counsel/ Dy.Government Counsel (4) P.P./Addl.P.P./Spl.P.P. & Addl. -Rs.1,000/-Per Case P.P.(Fast Track) dealing with civil cases of the State Government.

In bunch matter drafting and settling charges for the initial case will be paid as above and for every subsequent similar case an additional fee equivalent to 10% of the initial fee shall be admissible. These orders are being issued in concurrence with Finance Department ID.No. 101104423/FD/Exp-5/11 Dated 28.12.2011.

By Order H.E. the Governor Sd/-

(Prakash Gupta) Principal Secretary, Law Copy forwarded for information and necessary action to:

1. The Secretary to HE Governor Rajasthan, Jaipur.
2. PS to Hon'ble Chief Minister, Rajasthan, Jaipur.
3. PS to Hon'ble Law Minister, Rajasthan, Jaipur.
4. PS to Advocate General Rajasthan, Jaipur
5. PS to Chief Secretary, Rajasthan, Jaipur.
6. PS to All Addl. Chief Secretary, Rajasthan, Jaipur From the reading of the aforesaid order, we find that remuneration has been increased. Thus, we do not find any justification to make further interference in the suo-motu matter. However, affected persons, if aggrieved, can question legality of the order.

Consequently, the petition stands disposed off.

 (NARENDRA KUMAR JAIN-I),J.                     (ARUN MISHRA),CJ.

Sanjay
S.No .51  

All corrections made in the judgment/order have been incorporated in the judgment/order being emailed. Sanjay Solanki JUNIOR PERSONAL ASSISTANT.