'Entitlement Culture' Has Led To Appointment Of Influential Lawyers In Govt Corporations, First-Gen Lawyers Neglected: Allahabad High Court

The Allahabad High Court has observed that entitlement culture has led to appointment of lawyers from influential families in government corporations, ultimately leading to neglect of meritorious first generation lawyers.While noting that disobedience of an order of the Court was due to negligence/ incompetence of the counsel of the U.P. State Road Transport Corporation, Justice Ajay Bhanot observed,“Appointment of meritorious counsels by a fair and transparent procedure is central to good governance of a government corporation and is consistent with the mandate of constitutional law. Hitherto, an entitlement culture has taken root in appointments of counsels for State corporations where only scions of influential families are given opportunities to represent State corporations.”Noting that inheritance and not merit is the chosen mode of appointment in State-corporations, it observed, “Very often first generation younger lawyers do not get opportunity to represent the State corporations. A good number of such first generation lawyers are very competent, possess unimpeachable integrity and are industrious by disposition. Counsels of the aforesaid class rarely get a look in when appointments of State counsels or counsels for the Corporations are made as they are not able to curry any influence with powers that be.”An ex-parte award was passed by the Labour Court, Jhansi against UPSRTC in 2015. Against this, UPSRTC approached the High Court and the matter was remanded back to the Labour Court for deciding the claim of the petitioners herein, within 4 months. This order of the High Court was passed in 2021, however, UPSRTC filed an application before the Labour Court in 2023 informing it about the order of the High Court and stating that since the High Court had passed an order, the proceedings be closed.On the same day, Presiding Officer passed an order closing the proceedings on grounds that Rs. 1 lakh had already been awarded to claimants, therefore, no further proceedings were required. Against this order, the petitioners approached the High Court. The High Court had called for personal affidavit of the Regional Manager, U.P.S.R.T.C., Banda who stated that he had merely put his signatures in good faith without going through the application submitted before the Labour Court. The Court stated that it seemed that he had not gone through the personal affidavit submitted before the High Court also. Holding the application filed before the Presiding Officer, Labour Court Jhansi contemptuous in nature, Justice Prakash Padia directed that the matter be placed before Justice Ajay Bhanot who had heard the earlier writ petition. Justice Bhanot directed the presence of Managing Director, U.P.S.R.T.C., Lucknow before the Court. Before the Court, the Managing Director, U.P.S.R.T.C., assured that “all endeavors shall be made by the Corporation to ensure that the best talent from the Bar is given a look in while making such appointments.”The Court directed that a transparent system where appointments are based on merits and include first generation lawyers to represent UPSRTC is to be devised by the Corporation. The Court directed that a Board meeting of the Corporation be held before the next date of listing and an affidavit be filed by the Managing Director. The matter is directed to be listed on 22.09.2025.Click Here To Read/Download Order

'Entitlement Culture' Has Led To Appointment Of Influential Lawyers In Govt Corporations, First-Gen Lawyers Neglected: Allahabad High Court

LIVELAW NEWS NETWORK

Tags