S.N.Hussain, J.

1. This Writ Petition has been filed by Pragatisheel Adhivakta Sahayak Kalyan Sansthan, Patna through its Secretary General along with a founder of the said Sansthan which is a society registered under the Societies Registration Act in the year 1988 bearing registration No. 508/1987-88 created by and for the Advocates clerks of Patna High Court for the welfare and for upliftment of moral, intellectual, social and financial interest of its thousands of members Advocates Clerks.

2. Through this Writ Petition the Petitioners want issuance of a writ in the nature of mandamus directing the Respondents- State of Bihar to formulate and implement a law for regularizing welfare scheme and for making other necessary provisions required for the existence, social security and similar other benefits for the Advocates Clerks of Patna High Court who are registered under the provision of Chapter XVIII of Part IV of Patna High Court Rules, 1916 as has been provided in the States of West Bengal and Andhra Pradesh which had enacted West Bengal Law Clerks Act, 1997 (Annexure-13) and Andhra Pradesh Advocates Clerks Welfare Fund Act, 1992 (Annexure-4) and Andhra Pradesh welfare fund Rules, 1992 for the said purpose.

3. It transpires that earlier also a Writ Petition bearing CWJC No. 12393 of 2001 had been filed by the Petitioners claiming that they had already filed representations and reminders before the concerned Authorities of the State of Bihar for the said purpose, but neither any step has been taken by them nor any Order has been passed on the said motions. The said writ case was disposed of by this Court vide Order dated, 2nd November, 2001 (Annexure-9) with the following observations/directions: After hearing the parties this Court is of the opinion that this petition can be disposed of with a simple and innocuous direction that the representation/ reminder pending before the concerned Authority/State Government for consideration shall be disposed of by the concerned Authority/ State Authority within a period of four months. It is expected from the concerned Authority/ State Authority that while disposing/deciding the representation/reminder, if any, they shall pass speaking Order.

4. In view of the aforesaid directions of this Court, the matter was considered by the then Law Secretary, Government of Bihar, who passed his Order dated, 7lh October, 2002 (Annexure-10) holding that if such welfare law is enacted it will put huge financial burden not only on the State of Bihar, but also on the litigating public and hence enacting such a law was not possible. Accordingly, the representation of the Petitioner was rejected.

5. After their representation was rejected by the then Law Secretary, Govt, of Bihar, the Petitioners filed this Writ Petition for the aforesaid reliefs. A counter-affidavit was filed on behalf of Respondent No. 2. Deputy Legal Remembrance, Law Department, Government of Bihar, Patna, stating that the Order passed by the then Law Secretary was legal and proper and there was no proposal for introducing any such bill and furthermore the copies of enactments of West Bengal and Andhra Pradesh were not supplied to the Authorities. However, when the matter was taken up by this Court on 2nd February, 2007, the learned Counsel for the Respondent-State of Bihar submitted that with respect to the reliefs sought for in the Writ Petition, the Government has to take a policy decision and for that purpose some time was required to consider the Acts, Rules and Regulations framed in other States in that regard and hence six weeks adjournment was given by this Court for that purpose. But subsequently the Respondents took a U-turn and filed a rejoinder on affidavit on 9th March, 2007 stating as follows: That the Petitioner by filing reply to the deponents counter-affidavit is vexing the matter. It is not a fact that the Respondent has no objection in improving the condition of Advocate Clerk by formulating and implementin