The Madurai Bench of the Madras High Court has strongly reprimanded the Madurai City Municipal Corporation for failing to pay long-overdue professional fees to its former standing counsel, highlighting that such non-payment violates basic principles of fairness and justice.
Justice G R Swaminathan delivered the judgment on December 19, criticising the Corporation’s conduct and emphasising the moral and legal obligation of employers to ensure timely payment for services rendered.
The case was filed by advocate P Thirumalai, who served as the standing counsel for the Corporation from 1992 to 2006, representing it in hundreds of cases. Despite his extensive service, he claimed that out of a total fee of Rs 14.07 lakh, only Rs 1.02 lakh had been paid, leaving Rs 13.05 lakh unpaid for years. He had initially approached the High Court for payment back in 2006.
Justice Swaminathan criticised government bodies for routinely spending public money on senior advocates even when their presence was unnecessary, while simultaneously claiming financial incapacity to pay legitimate dues. The Court observed that additional Advocate Generals appeared even for small matters where their presence was not really required and where even a novice of the government counsel could handle the case.
The judge stressed the need for transparency and accountability in public spending on legal fees, noting that such expenditure often prioritises appearances over necessity.
Regarding Thirumalai’s case, the Court acknowledged that he appeared in 818 cases for the Corporation and was in severe financial difficulty, unable to afford even certified copies of court records needed to substantiate his claims. Invoking the moral principle attributed to Prophet Muhammad, “Pay the worker before his sweat dries,” Justice Swaminathan said that timely payment is not just a legal requirement but a matter of basic justice.
The Court directed the Legal Services Authority attached to the Madurai District Court to verify the list of cases handled by Thirumalai and provide certified records within two months. Following verification, the Madurai City Municipal Corporation was ordered to settle the verified fees within a further two months without interest.
