Moneylife: Goa: Thursday,
May 16, 2013.
Goa’s
Advocate General Atmaram Nadkarni is being paid Rs8 lakh per month excluding
other perks, the highest amount paid to an AG across the country. Even the
Attorney General of India is paid Rs90,000 per month. Nadkarni’s fees were
increased by the Parrikar government in Goa through an order last month, says a
RTI activist.
The Advocate
General (AG) of a state is a Constitutional post and authority duly appointed
as per Article 165 of the Constitution of India. He is the principal law
officer of a state who advises the government on legal matters, defends and
protects the interest of the state government and gives full legal guidance to
the state government in the form of its policy and execution of its decisions.
He is assisted by a team of law officers and office staff.
The Advocate
General of any state of India is offered monthly remuneration in the form of
fees for appearance in the high court with a defined upper limit (the
appearances could be as frequent as being daily), fees for appearance in
Supreme Court on behalf of the state government, as well as perks in the form
of house accommodation, conveyance and staff.
In most of
states, the monthly remuneration of an AG is not more than Rs1 lakh per month,
excluding the perks. There is no hard and fast rule for fixing the monthly
fees/remuneration of an AG though as Article 165 of the Constitution of India
states that, “The Advocate-General shall hold office during the pleasure of the
governor, and shall receive such remuneration as the governor may determine.”
However, in
the case of Goa, which happens to be the smallest state of the country, the AG
seems to be overtly pampered, at the cost of the public exchequer. Advocate
Aires Rogrigues, a Goa based lawyer and RTI (Right to Information) activist,
procured documents through RTI pertaining to the fee hike sanctioned by chief
minister Manohar Parrikar and implemented through a government order last
month. Documents reveal that the AG of Goa is perhaps the highest paid public
servant of the country.
Now, Atmaram
Nadkarni who is presently the AG of Goa has been awarded Rs10,000 per
appearance before the high court as professional fees with the upper limit of
Rs8 lakh per month (it was Rs5 lakh per month earlier). He gets paid Rs75,000
as fees for every appearance before the Supreme Court (earlier it was Rs25,000
per month) as well as Rs75,000 for every official visit to New Delhi for
conferences, special leave petitions; writ petitions and civil applications. He
also gest fully furnished rent free government accommodation or Rs20,000 per
month for it and staff on par with the rank of a Cabinet minister. This is with
retrospective effect from 1 April 2012.
Strangely,
the documents also reveal that chief minister Manohar Parrikar by a note moved
on 30th July last year directed that henceforth no senior counsel be engaged by
the government in any matter whatsoever before the Supreme Court or Green
tribunal. The chief minister further directed that the Advocate General would
represent the state government in all matters before the Supreme Court.
States
Rodrigues, “the Advocate General is supposed to represent cases only regarding
constitutional matters but Nadkarni has been given the sole authority to appear
for any matter before Supreme Court or Green Tribunal, obviously to help him
fatten his fees.”
Nadkarni, who
is allegedly also a legal expert for some controversial mining companies has
been blessed by this meteoric increment in remuneration through personal
interest shown by chief minister Parrikar, who is otherwise praised for good
governance in the state. In a file noting dated 31 Dec 2012, Parrikar overrules
the state law department’s stay (which directed that the fee structure should
be upto only Rs5 lakh per month which is incidentally very high in comparision
of other states). Parrikar’s file noting states thus: “there appears to be some
errors in the cabinet approved, based on the directions that were issued may be
due to communication gap. In view of the same following corrections may be
incorporated:
1.
Maximum
limit to fees be increased to Rs8.00 lakh in place of Rs5.00 lakh which were
decided three to four years back
2.
We
may include per official visit to New Delhi for ‘conferences’ in addition to
‘per appearance per day’
3.
We
may replace the staff pattern by ‘as applicable to the cabinet minister’
With above
correction modified, draft may be put up to Cabinet for approval.
Manohar
Parrikar, 31.12.12.”
As per the
chief minister’s direction, the revised fees were placed once again before the
Cabinet on 27th February this year which approved the hike to a maximum of a
monthly Rs8 lakh for appearances before the high court and in addition Rs75,000
for every visit to Delhi for conferences or appearance before the Supreme
Court.
States Adv
Rodrigues, “Goa despite being the smallest state is not only hosting India's
highest paid Advocate General but the country’s highest paid public
servant. The president of India is paid
Rs1.50 lakh a month while the Chief Justice of India Rs1 lakh. A Supreme Court
judge earns Rs90, 000 and a high court judge takes home Rs80,000 a month. The
Attorney General of India is paid equivalent to the salary of a Supreme Court
judge which is Rs90,000. However, the Advocate General of Goa Atmaram Nadkarni
out beats them all, while he gets paid upto a whopping Rs8 lakh a month.
Besides this he also pockets Rs75,000 for every official visit to New Delhi.”
Ever since
Nadkarni has taken over as AG on 8 March 2012, he has appeared in the High
Court on an average of 3-5 hearing per day, even more, as he appears and gets
paid Rs10,000 even for an adjournment. The earlier AGs were paid appearance
fees in the High Court on an “effective hearing”. Also, their fee of Rs25,000
per appearance in the Supreme Court was included in the Rs5 lakh maximum
remuneration paid per month.
Rodrigues has
demanded a CAG scrutiny. He says, “This gross anomaly defies all logic and is a
fit case to be examined by the Comptroller and Auditor General (CAG). Public
funds cannot be allowed to be squandered in this high-handed manner.’’
The
controversy over Goa AG’s monthly remuneration is not new. Rodrigues had
similarly procured documents under RTI of the earlier AG, Subodh Kantak who had
been paid Rs5.13 crore for the period from 14 February 2005 to May 2011.’’
Rodrigues is
campaigning for bringing down the monthly earnings of Goa’s AG on par with
other States.
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