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Uttarakhand HC Suggests State Government to Enact a Law for the Welfare of Advocates’ Clerks

Team SoOLEGAL 20 Jun 2018 3:30pm

Uttarakhand HC Suggests State Government to Enact a Law for the Welfare of Advocates’ Clerks

The Uttarakhand High Court recently suggested that the State Government may formulate a suitable legislation for welfare of Advocates’ clerks.

The HC order came while hearing a plea filed by the High Court Advocates Clerk Association, a society constituted for the welfare of registered Advocates’ Clerks, who work with the respective advocates in the HC as well as the subordinate courts in the State.

The association moved the High Court seeking a direction to the Uttarakhand Government to improve the service conditions of the clerks’.

The petition came before a bench of Justice Lok Pal Singh and Justice Rajiv Sharma, who noted that currently there was no law that regulated the service conditions of advocates’ clerks.

The HC bench further opined that the Uttarakhand Government should make a Contingency Fund that will provide ex gratia payment to the dependants of the advocates’ clerks in case of their untimely death or fatal bodily injury.

In its order, the court also took note of the judgement in the case of Akhil Bhartiya Adhivakta Clerks Association & others v. U.O.I passed by the Apex Court.

Although the apex court had refused to entertain a similar plea filed by the Akhil Bhartiya Adhivakta Clerks Association & others against the Union of India, it said it had faith in the Government to “consider the representation made by the petitioners sympathetically”.   

Following the SC observation, the Deputy Legal Advisor to the Ministry of Law & Justice, Govt. of India, sent a letter to the Uttarakhand Government, stating “Registered Clerks of Advocates are part and parcel in the administration of Justice. Their services are neither protected under the Minimum Wages Act, nor there is any law laying service conditions, qualifications, welfare and discipline."

The letter further reads, “The Clerks of Advocates are part and parcel in the administration of justice. Though, the major stakeholders in the judicial procedure are Judges and Advocates, without the efforts and contribution of paralegals like the clerks who assist the advocates... justice delivery system cannot be function…”

Considering the SC observation and the letter sent to the State, the High Court ruled out:

“Accordingly, we dispose of the petition by recommending/suggesting the State Government to frame suitable legislation in view of the observations made by the Hon’ble Supreme Court in Writ Petition No.430 of 2003 (referred to in letter dated 13.5.2015) read in conjunction with letter dated 26.6.2015 for the benefit of advocates’ clerks working in all the Courts of the State, including the Tribunals, within three months from today on the analogy of the enactments cited herein above.”



Tagged: Uttarakhand HC   High Court Advocates Clerk Association   Advocate Clerk   Uttarakhand Government   Supreme Court  
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