Allahabad HC directs UP Govt to form fresh panel for welfare of advocates’ clerks

The Allahabad High Court on Tuesday directed the Uttar Pradesh Government to constitute a fresh committee to examine the problems and welfare needs of the advocates’ clerks, who play an important role in the functioning of the judicial system.

The Allahabad High Court’s Lucknow bench comprising Justices Alok Mathur and Amitabh Kumar Rai earlier rejected the recommendations of a committee constituted in January 2021, observing that most of its members apparently did not have adequate knowledge of the nature of work performed by the advocates’ clerks, their remuneration, responsibilities and their role in the administration of justice.

The court passed the order on a petition filed in 2017 by Sushil Kumar Srivastava, seeking directions to the State to formulate a welfare policy for the advocates’ clerks.
The petitioner submitted that the advocates’ clerks perform several crucial functions, including assisting lawyers with secretarial work, filing cases, coordinating with court registries, obtaining certified copies and removing defects in petitions.

Despite this, they generally do not have access to social security, medical benefits or pension. Even after their services end due to old age or incapacity, they are not provided any social security benefits.
The court also termed the Finance Department’s contention that implementation of such a welfare policy would impose a financial burden on the state as “clearly arbitrary”. It observed that according to the petitioner, there was no need to impose any financial liability on the state. A prescribed amount collected through tickets or stamps affixed to vakalatnamas could instead be credited to a welfare fund and utilised for the benefit of the advocates’ clerks, the court said.

Questioning the functioning of the earlier committee, the court observed that none of its members, except the chairman of the Bar Council, appeared to have adequate knowledge of the work performed by advocates’ clerks. Even the suggestions made by the Bar Council chairman were not considered by the committee, the court noted.

The new committee will comprise the advocate general of Uttar Pradesh or an experienced additional advocate general nominated by him, one senior advocate each from the Allahabad High Court and its Lucknow bench, and one member nominated by the chairman of the Bar Council, it said.

The matter has been listed for hearing on November 23.