Decision On Permission To Staff/Clerks To Travel By Local Trains Will Be Taken This Week: Govt., Railways Inform Bombay High Court

The Maharashtra State Government and Railways on Tuesday (01st December) informed the Bombay High Court that a meeting would be held this week itself, to resolve the issue and to work out the modalities and mechanism, for grant of travel permissions to the staffs and clerks, registered with the Bar Associations to travel by local trains. The Submission was made before the Bench of Chief Justice Dipankar Datta, & Justice G. S. Kulkarni in light of the fact that now the High Court has commenced physical hearing of cases. Background As the High Court commenced physical hearing of cases from Tuesday (01st December), the contention raised before the Court by the Bar was that permission to the staff and clerks, to travel by local trains (Western Railway, Central Railway and Harbour Railway) be considered by the State Government and the Railways. The Advocate General for the State as also Additional Solicitor General agreed to consider this suggestion as urged on behalf of the petitioners. They submitted before the Court that for this purpose, a meeting would be held this week itself. Court's Order The Court directed that the Railways and State Government would take a decision in regard to the travel permission to the staff and registered clerks of the following:- (i) Bombay Bar Association; (ii) Advocates' Association of Western India; (iii) Bombay Incorporated Law Society; (iv) Bombay High Court Law Library; (v) Kirtikar Law Library. Importantly, Senior Counsel appearing for the Bar Council of Maharashtra and Goa, urged before the Court that some modification of the earlier orders would be necessary in the present circumstances, inasmuch as the lawyers be now permitted to travel even during peak hours. The Railways and State Government agreed to consider this issue as well, in the meeting that would be held. Awaiting a decision, as would be taken by the State Government and the Railways, the Court adjourned petitions to Wednesday (9th December, 2020). In the meantime, the Court said, the interim orders passed by the court shall continue until further orders. Earlier, the Bombay High Court had extended the operation of its previous order allowing all advocates registered with the Bar Council of Maharashtra and Goa and registered clerks to travel in local trains on daily passes issued by the High Court, till December 1. Court had already passed orders dated September 15 and October 9, first allowing lawyers appearing in physical hearing before the High Court to travel in local trains and then allowing the lawyers in the Mumbai Metropolitan region to travel in locals along with registered clerks. After the Court asked the State to contemplate along with other stakeholders allowing lawyers to travel in locals for professional work unrelated to Court, State allowed all Advocates registered with the State bar council to travel along with registered clerks. Click Here To Download Order [Read Order]

Decision On Permission To Staff/Clerks To Travel By Local Trains Will Be Taken This Week: Govt., Railways Inform Bombay High Court

Sparsh Upadhyay

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