HC tells senior advocates to pay stipend of Rs 20K/month to juniors
CHENNAI: Holding that once the services of junior lawyers are utilised there arises a consequential right on their part to get paid for the services rendered, The Madras High Court directed all the senior advocates practicing in the major cities of Chennai, Coimbatore and Madurai, employing the services of juniors should pay a minimum stipend of Rs 20,000 per month.
A division bench of Justice SM Subramaniam and Justice C Kumarappan also directed the senior advocates practicing in other parts of Tamil Nadu and Puducherry to pay a minimum stipend of Rs15,000 to their juniors per month for their services.
The minimum stipend fixed should be extended to all junior lawyers without any kind of gender discrimination, read the order. The Bar Council of Tamil Nadu and Puducherry is directed to issue guidelines or circulars to all the senior advocates regarding the directions. Safeguarding of rights, privileges and interests of the advocates, it is duty-bound to ensure that the junior lawyers, who all are entering into the legal profession with great ambition are encouraged and their livelihood is protected. We are particularly concerned about the livelihood of the junior lawyers, who all are coming from marginalised sections and from rural areas to the city to practice law, wrote the bench.
The bench heard a petition moved by an enrolled advocate Farida Begam from Puducherry seeking to direct the Puducherry government and Bar Council of Tamil Nadu to implement the Advocates’ Welfare Fund Act, 2001 to safeguard advocates’ livelihood.
After hearing the petitioner, the bench directed the Bar Council of Tamil Nadu and Puducherry to conduct a meeting with the recognised associations at Puducherry and Karaikal and to ensure that the proposals submitted by the Trust Committee have been materialised by the government of Puducherry by issuing suitable amendments enhancing the Welfare Fund Scheme amount.
Finalise proposal for amendment of Advocates’ Welfare Fund Act
The bench also directed the Bar Council of Tamil Nadu and Puducherry, the government of Puducherry and recognised associations at Puducherry and Karaikal are directed to co-ordinate and finalise the proposal for amendment of Advocates’ Welfare Fund Act, 2001 to enhance the Welfare Fund Scheme amount submitted by the Trust Committee within four months.
Further, the bench directed the state to respond to the settlement of the welfare fund amount to eligible members. The Matter was posted to June 20 for further consideration.