Segregation and classification of retired employee Advocates as a class without adverting to their financial status is discrimination.

Common Order:

The common prayer in all these writ petitions is to issue a writ of declaration declaring that the proviso to Explanation II (5) to section 16(1) of the Tamil Nadu Advocates Welfare Fund (Amendment) Act, 1995 as null and void being violative of Article 14 of the Constitution of India.

2. As it is felt that common pleading have been put forth by both the parties aiming at the same object all the four matters have been clubbed together for common disposal.

3. The brief averments in these petitions seeking issue of writ of declaration are as follows:-

The petitioners are the retired officials from various Departments. Immediately on their retirement, they, having been qualified with Law Degree, enrolled themselves as Advocates and commenced their practice. The Tamil Nadu Advocate Welfare Fund Act, 1987 was enacted for providing succour to the Advocates community. Those who become the member of the Fund are entitled to the benefits of the Welfare Fund under the Act. All the Advocates affix the Welfare Stamps on the vakalats filed by them before various courts. It has become mandatory under section 23(1) of the Act to affix the Welfare Stamp on the vakalat. Government of Tamil Nadu have introduced an amendment to the Advocates Welfare Fund Act, 1987. Among other amendments, Explanation II (5) to section 16 was substituted by a new sub section. As per the proviso found therein, the legal heirs of an Advocate who was in receipt of pension, gratuity or other terminal benefits from any State Government or the Central Government or the other authority or employer shall not be entitled to the payment of the lumpsum amount of Rs.2,00,000/= on the death of such an Advocate. Such a proviso is contrary to the preamble. The classification is totally arbitrary and unreasonable. There is no rationale behind the introduction of such an amendment. The equity principle enshrined under Article 14 of the Constitution of India was violated. Therefore, such a proviso is ultra vires the Constitution of India. Therefore, the petitioners seek issue of a writ of declaration as state supra.

4. The sum and substance of the counter filed by the respondents reads as follows:-

The proviso to Explanation II (5) to section 16 of the Tamil Nadu Advocates Welfare Fund Act, 1987 imposes a reasonable condition that a legal heir of an Advocate who was in receipt of pension, gratuity or other terminal benefits from any State Government or the Central Government or any other authority or an employer shall not be entitled to payment of the lumpsum amount under the scheme of the Act. The Advocates Welfare Fund has been created as a measure of succour to the learned Advocates who have taken up the profession of Law as their career from the beginning and fully committed to the profession of law and remain as an Advocate on the rolls of the Bar Council. In the case of those employed in any other Department, they take the Law Course in Evening College/Day College in any other part of the Country and after remaining in service for full tenure until the attainment superannuation, receive the terminal and retirement benefits such as gratuity, provident fund and compensation in certain cases from their employer and also continue to receive monthly pension for their services already rendered to their erstwhile employers. Having obtained the Law Degree from other Universities, they apply for Enrollment and become Advocates on the rolls of Bar Council of Tamil Nadu. A separate schedule has been provided to take care of the welfare of those Advocates also. The petitioners have become members to avail such benefits. The petitioners should be content with the amount of welfare measure provided to their family. Such Advocates are found settled already in life. After retirement, they come to enjoy their retirement life in this profession of law. The Tamil Nadu Advocates Welfare Fund Act do not discriminate any class of persons and as a matter of fact, it impos