Satyam Shivam Sundaram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16775 of 2022 ====================================================== Satyam Shivam Sundaram Son of Sri Radha Krishan Singh, Resident of Gandhi Nagar, East of Patliputra Railway Station, P.S.- Rajiv Nagar, DistrictPatna- 800025 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Secretary, Law Department, Government of Bihar, Patna. 4.

The Additional Chief Secretary, Finance Department, Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyam Shivam Sundaram ( In Person ) For the Respondent/s :

Mr .Prabhat Kumar Verma, AAG-3 Mr. Sanjay Kumar Ghosarvey, AC to AAG-3 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 24-03-2023 This writ application, in the nature of Public Interest Litigation, has been filed by the petitioner who is an advocate practicing in this Court.

The petitioner, in substance, was seeking a direction to the State respondents to revise and enhance the fee structure of the State Government counsels representing the State before this Court and other Courts within the State of Bihar. This was in the background of the fact that the fee structure had not been revised since long.

Patna High Court CWJC No.16775 of 2022 dt.24-03-2023 2/3 A second supplementary counter-affidavit has been filed on behalf of the State of Bihar stating therein that in the light of the direction issued by this Court, a meeting of high level committee was held on 17.02.2023. The committee reached a conclusion that enhancement in the fee structure of the Law Officers was much warranted. Accordingly, a proposal was forwarded by the committee to the competent authority to revise the fee structure of the Law Officers.

Accordingly, a notification has been issued by the Law Department, Government of Bihar vide memo no. 1547 dated 24.02.2023, whereby fee for the Law Officers representing the State Government has been enhanced as noted in the said notification. A copy of the notification has been brought on record by way of Annexure-A to the said supplementary counter-affidavit which contains in tabular form fee payable to the various Law Officers as per the revised scheme of payment of fee. On perusal of the said notification dated 24.02.2023, we find that there is substantial revision in fee structure of the law officers.

Learned counsel appearing on behalf of the petitioner has, however, raised certain issues as regards the policy decision

Patna High Court CWJC No.16775 of 2022 dt.24-03-2023 3/3 of the State Government for payment of fee to the Assistant Counsel to the Law Officers.

Since upon this Court's intervention, the State Government has taken a decision to revise fee structure, we are not inclined to go into other details any more.

This writ petition stands disposed of.

Interlocutory applications, if any, stand disposed of. (Chakradhari Sharan Singh, ACJ) ( Madhuresh Prasad, J) shashank/sumitAFR/NAFR NAFR CAV DATE N.A.

Uploading Date 29.03.2023 Transmission Date N.A.