Introduction:

1. An advocate secures employment, leaves the profession, joins the government service, eventually retires and, then, wants to come back into the legal profession. When he left the profession, he had his name removed from the Bar Role; he received whatever contribution he had made to the Advocates' Welfare Fund, too.

2. One part of the statute mandates that a former advocate seeking re-entry should pay back with interest the amount he withdrew from the Welfare Fund. Another part of the statute prevents an ex-government employee from becoming a member of the Welfare Fund.

The Question:

3. Can the Bar Council insist that the retired government servant, to re-enroll himself as an advocate, must pay back the amount he withdrew, though he could not be a member of the Welfare Fund, in the first place?

The Controversy:

4. Petitioner Joseph is a law graduate and was a lawyer, too, between 18.10.1987 and 06.10.1995, then, practicing at Pala Bar, Kottayam District. Later, he went into Government service: Selected as a Sales Tax Officer, he joined the service and retired on 31.12.2007.

5. Soon after his joining the Government service, Joseph requested the Bar Council of Keral