Jagran correspondent, New Delhi. The Delhi High Court on Wednesday directed the Delhi government to prepare a concrete plan for the welfare of bar clerks working with advocates in the capital. The bench of Chief Justice Devendra Kumar Upadhyay and Justice Tejas Karia has ordered the government to take a decision in this regard within six weeks.
The court said that while making the plan, statutory and non-statutory schemes implemented in other states should also be studied. The bench clarified that the decision to formulate a welfare scheme for bar clerks will have to be taken by the government at the appropriate level and the time limit fixed for it should be followed.
The High Court rejected the Delhi government's stand that advocates practicing in Delhi are in a better position financially compared to other states and can take care of their clerks themselves. The government had also argued that making a separate scheme for employees belonging to a particular profession could be a violation of the right to equality under Article 14 of the Constitution.
The court termed these arguments of the government as completely unfair and irrational. The bench said that the role of bar clerks is different from that of clerks in other professions and they cannot be treated equally. The court also said that in the process of justice delivery, the contribution of advocates' clerks is important and cannot be ignored.
This order was given while hearing the petitions filed by Delhi High Court Bar Clerks Association and Supreme Court Bar Clerks Association. The petitions sought implementation of welfare schemes for advocates' clerks working in Delhi.
Earlier in July 2023 also, the High Court had directed the government to take a decision on this subject within six weeks. The court noted that despite a lapse of almost two and a half years, the government has filed a status report giving details of only one meeting held in October 2024.