Ajoy Kumar Mondal v. The Andaman And Nicobar Administration An Others
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction Appellate Side [ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/349/2022 Ajoy Kumar Mondal ... Petitioner Vs.
Andaman and Nicobar Administration and others ... Respondents Mr. Ajoy Kumar Mondal ...petitioner (in person) Mr. Shatardu Chakraborty Mr. Ramendu Agarwal ... for the respondents August 25, 2022 [SR] Item No.31 The grievance of the petitioner, in brief, is that the petitioner despite being a lawyer in the panel of the Administration from 2015 to 2020, has not been paid a substantial portion of his dues. The petitioner appears in person and submits that the petitioner was engaged by the Administration to represent its cases over a period of time pursuant to which the petitioner submitted his bills for payment of fees for appearance and work of a similar nature from February 2020 to July, 2021. The Administration apparently did not take any steps till December, 2021 despite the petitioner repeatedly writing to the Administration. The Administration is represented through learned counsel who hands up a note from the Senior Accounts Officer of the office of the Deputy Commissioner dated 23rd August, 2022. The note states that a fresh sanction order dated 17th
August, 2022 has been received by the accounts section and that the sanction will be processed soon.
The facts before the Court are indeed unfortunate. An empanelled lawyer is yet to receive his fees for representing the Administration for five years. The Administration simply sat tight over the bills and woke up from its slumber on 14th February, 2022 by sanctioning only Rs.2,04,430/-. Since the amount was also not paid to the petitioner, the petitioner was compelled to file the present writ petition in August 2022. The Administration in the meantime issued a fresh order of 17th August, 2022 which is identical in content to the earlier order dated 14th February, 2022.
The action of the Administration in failing to make the requisite payment in terms of the earlier order dated 14th February, 2022 and passing a fresh sanction order on 17th August, 2022 is an instance of sharp practice or utter nonapplication of mind, whichever is the worst of the two. It is also a poor comment on the administration of the way it treats its lawyers. The Administration should act - and act fast - if it expects quality service from its empanelled lawyers. WPA/349/2022 is accordingly allowed and disposed of by directing the concerned respondents to process the order dated 17th August, 2022 within a period of seven days from of this order date and ensure that the petitioner receives the payment within 3rd September 2022. The Administration is also directed to pay interest at the rate of 8 per cent on the total amount mentioned in the last order of sanction from
14.2.2022 until the date on which the petitioner receives payment of the amount in the order dated 14.2.2022/17.8.2022. The balance amount contained in the remaining bills should be processed within four weeks from date.
The petitioner shall at liberty to approach the Court in case of default of the above directions on the part of the Administration.
( Moushumi Bhattacharya, J.)