ROBIN MRITUNJAI TEWARI Vs. STATE OF U P

JUDGEMENT

(1.) -Heard Sri A. D. Saunders learned counsel for the petitioner and standing counsel for the respondents.

(2.) THE petitioner's brother Sri Basant Kumar Tewari who was working as an Amin in the department of Minor Irrigation Division at Allahabad and died in harness on 18.5.2005. It has been stated that the petitioner's brother had nominated the petitioner with regard to any benefits arising from his service. It has also come on record that the petitioner received the benefits. Upon the death of the petitioner's brother, the petitioner applied for appointment on compassionate grounds on the ground that the petitioner was totally dependent upon his brother. It transpires that the respondents made an enquiry and found that the petitioner was enrolled as an advocate with the Bar Council of Uttar Pradesh. On this basis, the respondent referred the matter for opinion to the State Government. THE State Government, by an order dated 21.6.2007 held that the petitioner was not a dependent of the deceased since he was an advocate of the High Court. THE petitioner, being aggrieved by the said order, has filed the present writ petition.

(3.) IN my opinion, this finding is based on presumption. An advocate, enrolled under the Advocates Act with the Bar Council of Uttar Pradesh can still be dependent on another member of the family. It is not necessary that a person becomes independent the moment he is enrolled as an advocate. It is an admitted fact that an advocate has to struggle in the early years of his practice and finds it difficult to make both ends meet. There are instances that a person has been enrolled as an advocate and for years remains a briefless advocate. There could be a situation where a person enrolled as an advocate is trying to survive as an advocate but on account of lack of infrastructure, lack of briefs or for any other factors, is unable to support himself and is consequently dependent on some other person. Therefore, in my opinion, there can be no presumption that a person becomes independent the moment he is enrolled as an advocate.