Sunil Singh - Petitioner @HASH State of Jharkhand

Mr. Aparesh Kumar Singh, J. - Heard counsel for the parties.

This writ petition was preferred by certain Advocates who are practicing in this Court for framing guidelines for securing the interest of Junior Counsels to the State counsels in consonance with the State Litigation Policy. They alleged discrimination in the fee structure of Junior Counsels compared to the fee structure of Junior Counsels to the State counsels applicable in other High Courts. Certain Additional Public Prosecutors also joined them during pendency of this writ application vide order dated 17.09.2015 to espouse their grievances. The State came out with the Notification bearing memo no. 1414 dated 15.03.2016 issued by the Home, Prison and Disaster Management Department, where-under a consolidated scale of fee to Additional Public Prosecutors working in this Court was revised to Rs. 1200/- per day. The issue relating to the revision of fee of Junior Counsels working in this Court and also in relation to the Special Public Prosecutors working in this Court, however had not been addressed by them.

Taking note of the aforesaid Notification, and the submissions of the Learned A.A.G., the matter was adjourned on 16.03.2016 for the purposes of obtaining instructions on the revision in remuneration of the Junior Counsels and Special Public Prosecutors. After a number of adjournments, now Learned counsel for the State has produced a Notification dated 01.08.2016 of the Cabinet Coordination and Vigilance Department (Vigilance), Government of Jharkhand bearing memo no. 1580, where-under the consolidated scale of fee of Special Public Prosecutors (Vigilance) in the High Court has been revised to Rs. 1500/- per working day and for the Special Public Prosecutors (Vigilance) engaged in the Special Court of Vigilance to Rs. 750/- per working day. This Notification have been brought into effect from the date of its issuance.

Learned Counsel for the State has also brought on record a communication dated 02.08.2016 bearing memo no. 1835 issued by the Law (Justice) Department, Government of Jharkhand where-under, fee structure of State Law Officer such as Advocate General/Additional Advocate General/Senior Standing Counsel No. I & II/Standing Counsel/Government Advocate and their Junior Counsels have been revised and fixed as per the chart contained thereunder and as per the clauses/conditions contained in the said communication. For better appreciation, contents of the said letter are being quoted hereunder:

HINDI MATTER

The issue relating to revision in fee structure of the Learned Junior Counsels/Additional Public Prosecutors and Special Public Prosecutors (Vigilance) have been resolved in view of the aforesaid Notification. Learned counsel for the petitioner however submits that in view of the latest revision in the fee structure of the State Counsels, fee structure of Additional Public Prosecutors earlier notified on 15.03.2016 vide memo no. 1414 @ Rs. 1200/- per working day, is not at par with the other Junior counsels working under the State Counsels. Learned counsel for the petitioners submits that if the grievances of the petitioners who are Additional Public Prosecutors in relation to any disparity in the fee structure on revision vide Notification dated 15.03.2016 bearing memo no. 1414 is not resolved, they may be allowed liberty to assail the Notification on all available grounds of law and facts in an appropriate proceeding. They are at liberty to do so. Additional Public Prosecutors are at liberty to make a representation through the Office of Advocate General in respect of their claims of parity with other Junior Counsels before the competent authority under the State of Jharkhand. Needless to say, on such representation, due consideration would be accorded by the Respondents.

I.A. No. 5251/2016 has been preferred on behalf of applicants who claim to be the Advocates'' Clerk of the Law Officers practicing in this Court. They contend that remuneration/professional fee paid to these Advocates'' Clerks @Rs. 3,500/- per month is considerably less keeping into regard the minimum wages prescribed under the Minimum Wages Act. The grievance of these applicants were earlier raised in WPC No. 1760/3024 which was disposed of with a direction to the Respondent authorities to pass a reasoned order vide judgment dated 02.07.2013. The fee structure was thereafter enhanced from Rs. 1500/- to Rs. 3500/-. However, according to them, it is still not commensurate with the prescribed minimum wages for skilled workman/labourer in the State, as notified by the Department of Labour and Employment, Government of Jharkhand.

Having considered the instant grievances raised on behalf of the applicants, it appears that the petitioners have a distinct and separate cause of action which they have earlier also raised in a writ petition. However, if they have grievance relating to the fee structure, they are at liberty to make a representation through the State Counsels/office of the Advocate General before the Law Department for consideration and enhancement of the fee structure, duly supported with all facts and documents. Needless to say, the competent authority under the State would accord due consideration on their representation within a reasonable time, preferably within a period of three month. The instant I.A. stands disposed of with the aforesaid observations.

In view of the revision brought into effect in the matter of fee structure of the State Counsels, Junior Counsels, Special Public Prosecutors and Additional Public Prosecutors, writ petition is accordingly disposed of. All pending I.As are closed.