PRAGATISHEEL ADHIVAKTA SAHAYAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Writ Petition has been filed by Pragatisheel Adhivakta Sahayak Kalyan Sansthan, Patna through its Secretary General along with a founder of the said Sansthan which is a society registered under the Societies Registration Act in the year 1988 bearing registration No. 508/1987 -88 created by and for the Advocates ' clerks of Patna High Court for the welfare and for upliftment of moral, intellectual, social and financial interest of its thousands of members Advocates ' Clerks.

(2.) THROUGH this Writ Petition the Petitioners want issuance of a writ in the nature of mandamus directing the Respondents - State of Bihar to formulate and implement a law for regularizing welfare scheme and for making other necessary provisions required for the existence, social security and similar other benefits for the Advocates ' Clerks of Patna High Court who Kanti Devi Versus Bank Of Baroda are registered under the provision of Chapter XVIII of Part IV of Patna High Court Rules, 1916a s has been provided in the States of West Bengal and Andhra Pradesh which had enacted West Bengal Law Clerks Act, 1997 (Annexure -13) and Andhra Pradesh Advocates Clerks ' Welfare Fund Act, 1992 (Annexure -4) and Andhra Pradesh welfare fund Rules, 1992 for the said purpose.

(3.) IN view of the aforesaid directions of this Court, the matter was considered by the then Law Secretary, Government of Bihar, who passed his Order dated, 7lh October, 2002 (Annexure -10) holding that if such welfare law is enacted it will put huge financial burden not only on the State of Bihar, but also on the litigating public and hence enacting such a law was not possible. Accordingly, the representation of the Petitioner was rejected.