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The Supreme Court in the recent case of State Election Commissioner, Bihar Patna vs. Janakdhari Prasad, where he was disqualified by the State Election commission on the ground that he was holding a post of Assistant Government Pleader under the State Government and was receiving fees for the cases conducted by him from the Government and hence, he would be deemed to be in service of the State, has upheld a Patna High Court judgment that had held that the engagement of an advocate as an Assistant Government Pleader is a professional engagement and the relationship between the State and that of the Assistant Government Pleader is of a lawyer and client and not of Master and Servant.
The Election Commission’s order was set aside by the Patna High Court which differentiated between the nature of appointment of an Assistant Government Pleader from that of a Government Pleader, where various reasons were provided for the above view.
‘Even if some remuneration is attached to the office, he cannot be treated to be under the service of the State Government. The aspects which are essential for establishing a relationship of master and servant are absent.’ the Supreme Court observed.
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