Hiring of Retainers (Law Officers)

1.0 I am directed to invite your attention on the subject cited above and to say that in some Departments of State Government, huge litigation is pending in the Lower Court, High Court and Supreme Court of India. In some Departments, the posts of Law Officers as well as Legal Assistants are not at the sanctioned strength. In the absence of Legal Personnel, such Departments are being faced embarrassing situation in number of cases due to non-filing of reply. Also, almost in all cases there are huge financial implications. Where large number of Court cases are pending and the concerned Department did not have any Law Officer at the sanctioned strength.

2.0 The State Government has been considering to formulate a policy for hiring Legal Retainers in such Departments. In view of this, the Governor of Punjab is pleased to accord its approval for formulate a policy regarding hiring Legal Retainer in such Departments subject to the following conditions namely:-

(1) The Legal Retainer may be hired on fixed monthly remuneration of Rs. 35,000/- or Rs. 6,000/- per case. In case, the Legal Retainer is hired on case to case basis, it shall be ensured that his/her monthly remuneration should not exceed Rs. 35,000/-

(11) Where in an average 10 fresh Court cases are received, one Legal Retainer may be engaged. More Legal Retainers may be hired in such proportion of cases.

(III) The minimum qualifications for Legal Retainer shall be as the candidate should have a Bachelor Degree of Law from a recognized university and should be a practicing lawyer in Civil/District Court of Punjab and Haryana High Court having valid license from the concerned Bar Council.

(IV) It shall be the responsibility of the In-charge of concened Branch/Section of the Department to provide all relevant records to the Legal Retainer. The concerned Branch or In-charge Officer, as the case may be. shall provide assistance, previous stand taken by the Department in similar matters, decisions, if any, in similarly placed matters. The Legal Retainer shall prepare reply of the allotted case within a period of one week from the date of marking of the case.

(V) After receipt of entire record from the departmental Officer, the Legal Retainer shall prepare draft reply of the allotted case and shall hand over to the Officer/official who allotted him such case. It will be the duty and responsibility of the concerned officer/official to get the same vetted from the Legal Cell/Office of the Advocate General or the concerned District Attorney and to file it in the Hon'ble Court well in time.

(VI) After the acceptance and vetting of reply prepared by the Legal Retainer, the Legal Retainer shall submit his Bill(s) in the last week of month to the Officer who have marked case to him, which shall be processed and due and admissible payment shall be made in the Legal Retainer in the first week of following month.

(VII) The expenditure shall be met out of funds allotted to the Department in the Head of Account of Office Expenses or any other Head of Account where funds are available with the Department(s).

The aforesaid policy may be brought to the notice of all concerned .......................

Finance Pension Policy Co-ordination Branch, Department of Finance, Government of Punjab

FD-FPPCOMISC/435/2025-4FPPC/102 Dated 02-06-2025