Former Assistant Solicitor General P. Parameswaran Nair moves the High Court of Kerala challenging non-payment of legal fees by Union Govt

 

 

The Freedom Fighters’ Division of the Ministry of Home Affairs had declined payment of legal fees to the former ASG citing non-confirmation by the Registrar General of the High Court about the claims made by Mr. Parameswaran Nair the cases conducted on behalf of the FFD

 

The former Assistant Solicitor General in the Kerala High Court, Mr. P. Parameswaran Nair has filed a writ petition before the High Court against the Union Government for recovering the legal fees owed to him by the Centre for defending the cases filed related to pension dues claimed by freedom fighters.

Mr. P Parameswaran Nair, who was the ASG in the High Court of Kerala from 2007 to 2009 and from 2011 to 2014, said in the writ petition filed by him legal fees to the tune of Rupees 16.32 lakhs remains unpaid by the Freedom Fighters Division (FFD) of the Ministry of Home Affairs towards the expenses for contesting cases related to freedom fighter pension claims. He had also sent copies of appearance memos for the cases conducted to FFD.

When the National Democratic Alliance-led Government came to power at the centre in May 2014, Mr. P. Parameswaran Nair demitted office and sent the bill to FFD. However, in an unprecedented act, the FFD wrote to the Registrar General of the High Court of Kerala to confirm the claims of appearances made by the ASG. The Registrar General intimated the FFD that it was not possible for the High Court of Kerala to provide the details on whether the ASG appeared in the cases as claimed. The FFD declined to pay the fees demanded by the former ASG  citing the non-confirmation by the Registrar General.

The former ASG contended that the FFD's order declining payment was arbitrary and illegal. Mr. Parameswaran Nair High court registrar did not have any responsibility nor any authority to vouch for the appearance of ASG in the cases filed before the court, the petition contended.

As per a memorandum issued by the Union Ministry of Law and Justice in January 2011, an ASG is entitled to Rs. 6,000 per effective hearing and Rs. 1,000 for non-effective hearing. The number of non-effective hearings are capped at a maximum of five per day.

5 new posts of ASG's for High Courts of Punjab and Haryana, Patna, Jharkhand, Karnataka and Gujarat

The Union Cabinet chaired by Prime Minister Narendra Modi on Thursday approved the creation of five new posts of Additional Solicitor General, one each in the High Courts of Punjab and Haryana, Patna, Jharkhand, Karnataka and Gujarat.

  

Cabinet meeting chaired by PM Modi : a file picture

According to a press release by the Press Information Bureau, the decision will strengthen the litigation machinery to represent the central government as a whole and specifically in these courts: “This will also help in conduct of litigation on behalf of Union of India efficiently and effectively.”

“The creation of these posts will also facilitate transaction of business in accordance with procedures and enable assigning of functions to legally trained persons. It will result in greater accountability of government departments to curb frivolous litigation and lessen the burden of government cases in these Courts,” says the press release explaining the rationale behind the creation of the new posts of ASG's.