Dismissed

Adv. Dheeraj Ravi v. State of Kerala

Kerala HC20 Dec 2021WP(C)/9819/2020

Case brief

AI extract

What is this about?

The Court noted the notification of Kerala Advocate's Stipend Rules, 2021, issued by the Government on 18.12.2021, addressing the plight of junior lawyers. The court directed the Bar Council and Trustee Committee to disburse stipends forthwith.

What did the court decide?

Court closed the writ petition noting the notification of Stipend Rules 2021 and directed disbursement of stipends.

Adv. Dheeraj Ravi Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

¶4

MONDAY, THE 20^TH DAY OF DECEMBER 2021 / 29TH AGRAHAYANA, 1943

¶5

WP(C) NO. 9819 OF 2020

¶6

PETITIONERS:

¶7

1 ADV. DHEERAJ RAVI AGED 44 YEARS S/O. LATE THOPPIL RAVI, GOURI SHIVAM, TRA 43-B, THEVALLY P.O., KOLLAM WEST VILLAGE, KOLLAM DISTRICT-691 009 2 ADV.ANOOP.S., AGED 29 YEARS S/O. SULAIMAN, CHARUVILA VEEDU, NEDUMPANA .P.O. AND VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT-691 576 3 ADV.MAHADEVAN NAIR.S., AGED 28 YEARS S/O. SASIKUMAR, SREEPADMAM HOUSE, CHERUVALLUR, UMMANNOOR P.O., KOTTARAKKARA, KOLLAM DISTRICT-691 520 BY ADVS. MANU RAMACHANDRAN SAMEER M NAIR

¶8

RESPONDENTS:

¶9

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LAW , GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2 THE BAR COUNCIL OF KERALA, BAR COUNCIL BHAVAN, HIGH COURT CAMPUS, ERNAKULAM , KOCHI-682 031, REPRESENTED BY ITS SECRETARY 3 THE CHAIRMAN, THE BAR COUNCIL OF KERALA, BAR COUNCIL BHAVAN, HIGH COURT CAMPUS, ERNAKULAM , KOCHI-682 031, 4 THE KERALA ADVOCATES WELFARE FUND TRUSTEE COMMITTEE, BAR COUNCIL BHAVAN, HIGH COURT CAMPUS, ERNAKULAM , KOCHI-682 031, REPRESENTED BY ITS SECRETARY

¶10

¶11

WP(C) NO.9819/2020

¶12

5 THE CHAIRMAN, THE KERALA ADVOCATES WELFARE FUND TRUSTEE COMMITTEE, BAR COUNCIL BHAVAN, HIGH COURT CAMPUS, ERNAKULAM , KOCHI-682 031, 6 ADDL.R6.ADV.DAJISH JOHN AGED 27 YEARS S/O.M.P JOHN, MENACHERY HOUSE, KARUMALLOOR P.O, MANAKKAPADY, ERNAKULAM-683 511 7 ADDL R7. ADV.BASIL PAUL, AGED 27 YEARS S/O. A J PAUL, APPILIL HOUSE, PAZHAMTHOTTAM P.O, ERNAKULAM-683 565 8 ADDL R8. ADV.RAIHANATH T H, AGED 26 YEARS D/O T.M HAMZA, THOTTUNGAL HOUSE K.K.COLONY, SHORNUR, PALAKKAD-679 121 (ADDL R6 TO ADDL R8 ARE IMPLEADED AS PER ORDER DATED 29-01-2021 IN IA 2/2020 IN WP(C)9819/2020). 9 ADDL R9. KERALA HIGH COURT ADVOCATES ASSOCIATION 1ST FLOOR, HIGH COURT BUILDING, KOCHI-31, REPRESENTED BY ITS SECRETARY (IS IMPLEADED AS ADDL R9 AS PER ORDER DATED 07-04-2021 IN IA 1/2021 IN WP(C)9819/2020). BY ADVS. GRASHIOUS KURIAKOSE, SC SRI.PRANOY K.KOTTARAM SRI.T.A.SHAJI (SR.) JOBY JACOB PULICKEKUDY JAMSHEED HAFIZ SRI.ATHUL SHAJI SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

¶14

WP(C) NO.9819/2020

¶15

P.V.KUNHIKRISHNAN, J

¶16

W.P.(C)No.9819 of 2020

¶17

Dated this the 20^th day of December 2021

¶18

JUDGMENT

¶19

The above writ petition is filed with

¶20

following prayers:

¶21

“(1) To issue a writ of mandamus or any appropriate writ or direction directing the respondents 1 to 5 to take all appropriate actions in ensuring the implementation of Exhibit P2 G.O in its letter and spirit, within a time frame fixed by this Hon'ble Court;

¶22

(2) To issue a writ of mandamus, or any appropriate writ or direction directing the respondents No.3 to consider and pass orders on all applications seeking stipend pursuant to and in compliance of terms of Exhibit P2 G.O, within a time frame fixed by this Hon'ble Court;

¶23

(3) Such other Writ, Orders or Directions deem fit on facts and in the interest of justice.”

¶24

2. When this writ petition came up for

¶25

consideration on 25.10.2021, this Court passed

¶26

WP(C) NO.9819/2020

¶27

¶28

the following order:

¶29

“This writ petition is filed with following prayers:

¶30

i. To issue a writ of mandamus, or any appropriate writ or direction directing the respondents 1 to 5 to take all appropriate actions in ensuring the implementation of Exhibit P2 G.O in its letter and spirit, within a time frame fixed by this Hon'ble Court.

¶31

ii. To issue a writ of mandamus, or any appropriate writ or direction directing the respondents No.3 to consider and pass orders on all applications seeking stipend pursuant to and in compliance of terms of Exhibit P2 G.O, within a time frame fixed by this Hon'ble Court.

¶32

iii. Such other writ, orders or directions deem fit on facts and in the interest of justice.

¶33

2. This writ petition is filed aggrieved by the inaction on the part of the respondents for implementing Ext.P2 Government Order. Ext.P2 Government Order was passed on 09.03.2018. It will be better to extract the relevant portion of Ext.P2:

¶34

WP(C) NO.9819/2020

¶35

¶36

വരമസാനമുള്ളതയ ബസാറതഴല മസവനകസാലയ 3 വർഷതതൽ മകരള അധതകരതകസാതവരമസായ അഭതഭസാഷകർകസ അഭതഭസാഷക മകമനതധതയതൽ നതനയ പ്രതതമസാസയ 5000/- രൂപ (അയസായതരയ രൂപ മസാതയ) നതരകതൽ ചുവഴടെ പറയന മസാർഗ്ഗനതർമദ്ദേശങൾകസ വതമധയമസായത സസ്റ്റൈപൻഡസ നൽകുനതതനസ അനുമതത നൽകത ഇതതനസാൽ ഉതരവസാകുന. ”

¶37

3. After Ext.P2 order, it is the case of the petitioners that the respondents have not done anything to frame a rule and to pay the amount to the junior lawyers who are suffering especially because of the pandemic situation which is facing the nation.

¶38

4. Section 9 of the Kerala Advocates' Welfare Fund Act, 1980 (for short, the Act) deals with the function of Trustee Committee. Section 9(2)(gi) says that in the administration of the fund, the Trustee Committee shall administer the fund subject to the provisions of the Act and the rules made thereunder, to provide stipend to advocates who have less than three years standing at the Bar, who have not attained the age of thirty years and who have an annual income of less than Rs.1,00,000/- (Rupees One lakh), at the rate determined by the Trustee Committee from time to time, and approved by the Government. Based on this provision, Ext.P2 Government Order was passed. Thereafter it is the duty of the Bar Council to frame a rule as per Section 27 of the Act.

¶39

WP(C) NO.9819/2020

¶40

¶41

5. Even though Ext.P2 order was passed on 09.03.2018, the Bar Council of Kerala was not able to finalise the rule even after 3 years. It is submitted by the Senior Counsel Adv.Grashious Kuriakose who appeared for the Bar Council of Kerala that the rules are already framed and it is submitted before the Government. The Additional Advocate General Adv.Asok M. Cherian submitted that the Government is seriously taking this issue and will do the needful within two months. The Additional Advocate General and the Senior Counsel who appeared for the Bar Council of Kerala submitted that a comprehensive package is being prepared by the Government in consultation with the Bar Council of Kerala.

¶42

6. The plight of the junior lawyers in this State is miserable, especially during this pandemic situation. This Court can't shut its eye to this pathetic situation of the young lawyers. When the Government issued Ext.P2 order, it is the bounden duty of respondents 2 to 5 to see that, the fruits of the same reached in the hands of eligible young budding lawyers.

¶43

Even though I am not satisfied the way in which the Bar Council of Kerala proceeded after Ext.P2, I record the submissions of the Senior Counsel who appeared for the Bar Council of Kerala and the Additional Advocate General. Necessary consequential action after Ext.P2 should be taken and reported

¶44

WP(C) NO.9819/2020

¶45

¶46

before this Court within two months from today.”

¶47

3. I am happy to record that the

¶48

Government of Kerala notified the Kerala Advocate's Stipend Rules, 2021 on 18.12.2021 considering the plight of the junior lawyers

¶49

of the State. In the light of the notification of the Rule, the Bar Council of Kerala and the Kerala Advocates Welfare Fund Trustee Committee will take necessary steps in accordance to law and disburse the stipend to eligible junior lawyers forthwith.

¶50

Recording the aforesaid notification and with the above direction, the writ petition is closed.

¶51

Sd/-

¶52

P.V.KUNHIKRISHNAN JUDGE

WP(C) NO.9819/2020

APPENDIX OF WP(C) 9819/2020

¶57

PETITIONER EXHIBITS

¶58

EXHIBIT P1	THE TRUE COPY OF THE ID CARD OF 1ST PETITIONER ISSUED BY THE BAR COUNCIL OF KERALA.
EXHIBIT P1A	THE TRUE COPY OF THE ID CARD OF 2ND
	PETITIONER ISSUED B THE BAR COUNCIL OF KERALA.
EXHIBIT P1B	THE TRUE COPY OF THE ID CARD OF
	3RDPETITIONER ISSUED B THE BAR COUNCIL OF KERALA.
EXHIBIT P2	THE TRUE COPY OF GOVERNMENT ODER
	VIDE GO (MS) NO.36/2018/LAW DATED 09.03.2018.
EXHIBIT P3	THE TRUE COPY OF THE NEWSPAPER
	REPORT DATED 04.05.2020 ABOUT THE
	FINANCIAL AID GIVEN BY THE DISTRICT
	BAR ASSOCIATION, KOLLAM TO ITS MEMBERS.
EXHIBIT P4	THE TRUE COPY OF THE REPRESENTATION DATED 04.05.2020 FILED THROUGH EMAIL OF 2ND PETITIONER.
EXHIBIT P5	THE TRUE COPY O THE KERALA ADVOCATES WELFARE FUND(AMENDMENT) ACT, 2016.
EXHIBIT P6	THE TRUE COPY OF THE KERALA
	ADVOCATE'S WELFARE FUND
	(AMENDMENT)RULES, 2020.

¶59

RESPONDENTS EXHIBITS:

¶60

ANNEXURE	R2(A) A COPY OF	THE LETTER FROM THE 1ST
	RESPONDENT	DATED 21.01.2019 ALONG
	WITH THE	CHANGES SUGGESTED TO THE
	PROPOSED A	MENDMENT TO THE RULES.
ANNEXURE	R2(B) A COPY OF	THE MINUTES OF THE MEETING
	DATED 9.05	.2019.

¶61

WP(C) NO.9819/2020

¶62

¶63

ANNEXURE R2(C) A COPY OF THE DRAFT KERALA JUNIOR ADVOCATES' STIPEND RULES, 2020. ANNEXURE R2(D) A COPY OF THE DRAFT KERALA ADVOCATES' STIPEND RULES, 2020 SUBMITTED BEFORE THE 1ST RESPONDENT ON 17.02.2021. ANNEXURE R2(E) A COPY OF THE LETTER FROM THE 1ST RESPONDENT DATED 24.02.2021. ANNEXURE R2(F) A COPY OF THE LETTER DATED 03.03.2021 BY THE 2ND RESPONDENT.

¶64

ANNEXURE A TRUE PHOTOCOPY OF REPRESENTATION SIGNED BY 200 JUNIOR LAWYERS FILED ON 25.02.2020 TAKEN IN TO FILES OF BAR COUNCIL AS INWARD NO 1297 OF 2020.

¶65

//TRUE COPY//

¶66

PA TO JUDGE

Adv. Dheeraj Ravi v. State of Kerala

Case brief

What is this about?

What did the court decide?

Adv. Dheeraj Ravi v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sharon Sebastian Vs the State of Kerala

Listra S. Vs State of Kerala

Rising Tide Club, Vs the Administrator

M/S. S.B. Group, Vs Kerala Financial Corporation

Kerala Vyapari Vyavasayi Ekopana Vs State of Kerala

Soly Sebastian and Another Vs the State of Kerala and Others