Period Of Service Before Enactment Of Advocates' Clerks Welfare Scheme Can Be Considered For Granting Benefit Under It: Kerala HC

The Kerala High Court recently held that the period of service before the commencement of the Advocates' Clerks Welfare Scheme Rules, 1985 can be considered to see if an advocate clerk is eligible to get the benefit of the Scheme.Justice Harisankar V. Menon passed the judgment while considering a plea by an advocate clerk, who started his work in the year 1970.The advocate clerk had obtained registration under the Rules and paid his subscription till July 2004. Thereupon, he realised that he is entitled to retire as per Rule 4(2) since he had completed the age of 60 years and had accomplished 30 years of service.The application for the benefits preferred by the petitioner was considered. Vide Exhibit P4, an amount of Rs. 1200/- was given to him even though the Scheme provided for Rs. 10,000/-. In Exhibit P4, the petitioner's service was calculated only from 1985. This has been challenged before the High Court.The 2nd respondent, Kerala Advocate's Clerks Welfare Fund, contended that the calculation of service only from the commencement of the Rules is sustainable. Even otherwise, since the petitioner could only prove his service from 1981, he is not entitled to full benefits.Rejecting the first contention, the Court observed:“I am of the opinion that the provisions of Rule 4 of the Scheme provides for benefits upon “completion of 30 years as an advocate clerk” or on the attainment of 60 years of age. The afore stipulation is not with reference to the commencement of the Rules in January, 1985. The afore provides for only the completion of 30 years of service, deeming that even earlier period of service can be reckoned for calculating the benefits under the Scheme. This Court also notices the provisions of Regulation 7 to Kerala Advocates' Clerks Welfare Fund Scheme Accounting Transactions Regulations, 1988, as per which, the fact that even “existing advocates' clerks” are extended the benefits, is made clear.”The Court, thereafter, noted that the petitioner's service prior to 1981 could not be proved only because the District Court could not certify it on account of non-availability of the registers.Opining that this was due to no fault of the petitioner, the Court observed that the petitioner could provide affidavits from senior lawyers to prove his service from 1970. It also directed the 2nd respondent to consider this evidence when produced by the petitioner upon ascertaining the same.Thus, it disposed of the writ petition.Case No: WP(C) No. 17963/2019Case Title: A. Chandran v. State of Kerala and Ors.Citation: 2025 LiveLaw (Ker) 513Counsel for the petitioner: O. Ramachandran Nambiar, Geen T. MathewCounsel for the respondents: N. Manoj Kumar, Jayasree K.P., T. Jayan – Government PleaderClick to Read/Download Judgment

Period Of Service Before Enactment Of Advocates' Clerks Welfare Scheme Can Be Considered For Granting Benefit Under It: Kerala HC

K. Salma Jennath

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