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Observing the lack of legislation for the welfare of Advocates’ clerks, the Uttarakhand High Court directed the State Government to consider formulating a law for the same. The Court was hiring a petition filed by the High Court Advocates Clerk Bar Association. The society, which advocates for improvement of clerks’ conditions and their general welfare, argued before the Court that the clerks’ conditions of service must be ameliorated. Further, it also advocated for security of tenure and timely monetary help in case of any injury or death.
Justice Lok Pal Singh and Justice Rajiv Sharma found themselves agreeing with the petitioner, and also noted that a similar plea had been placed before the Apex Court in Akhil Bhartiya Adhivakta Clerks Association & others v. U.O.I, where the SC had refused to entertain the plea told the Government “consider the representation made by the petitioners sympathetically”. After this, the Ministry of Law and Justice had written a letter to the Centre to consider enacting a legislation in view of the petition. However, no action had been taken. Taking note of this, the Uttarakhand HC suggested the Government to take into account various enactments in other States as well as the letter and formulate a law within 3 months.
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