MP High Court Issues Notice On PIL Seeking Pension Schemes For Advocates Practising For Over 35 Years

The Madhya Pradesh High Court recently issued notices to the State Government, State Bar Council and the Bar Council of India on a public interest litigation plea seeking enactment of a welfare scheme for advocates who have completed 35 to 40 years of practice.The petitioner, Advocate Rajendra Shrivastava, claimed that while advocates contribute substantially to the legal profession, many are unable to sustain themselves financially at the end of their careers.The petitioner relied on the Bihar State Bar Council Advocates' Welfare Scheme (Pension and Family Pension) Rules, 2012, which provide provisions for pension and family pension to the advocates and/or their family, as the case may be.The scheme provides for the constitution of a pension fund, from which pension would be payable to such Advocates who become members of the Pension Scheme, and have retired from active practice due to old age i.e. are at least 65 years of age till when they ought to have completed at least 30 years of practice as Advocates. People who have enrolled themselves as Advocates after retirement, etc from other jobs or professions are not eligible for benefits under this scheme. The Advocates must also be members of the Scheme for at least ten years before they become eligible to receive pension. However, Advocates who complete 70 years of age are exempted from this condition of completion of ten years of membership.Accordingly, the division bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf sitting at Indore directed the State Bar Council to consider the feasibility of a similar welfare scheme and submit a report."Copy of the Bihar State Bar Council Advocates' Welfare Scheme (Pension and Family Pension) Rules, 2012 has been produced in the Court. The same is taken on record. Issue notice. Notice accepted by learned counsel appearing for respondents No.1 and 3. Notice accepted by learned counsel appearing for respondents No.1 and 3... State Bar Council shall consider, as to whether the similar scheme can be framed for the advocates of the State of Madhya Pradesh and submit a report to this Court". The court further transferred the petition to the Jabalpur bench, noting that the principal office of the State Bar Council was situated in Jabalpur. The matter was listed for November 12, 2025. Case Title: Rajendra Shrivastava v Chief Secretary, MP Government [WP-26638-2025]For Petitioner: Advocate Rajendra ShrivastavaFor State: Additional Advocate General Anand Soni For BCI: Advocate N.S. BhatiClick here to read/download the Order

MP High Court Issues Notice On PIL Seeking Pension Schemes For Advocates Practising For Over 35 Years

Jayanti Pahwa

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