By the Court.—Petitioner before us, Shri Ajay Pratap Singh, Advocate is one of the learned members of the Oudh Bar Association, High Court, Lucknow hereinafter referred to as “The Association”, who has sought indulgence of this Court for a direction in the nature of mandamus commanding the Elders Committee of the Association to take over the charge from the present Governing Council and make a fresh list of members who are practicing in this Hon’ble Court and are not in arrears of subscription before notifying the general election. A further direction in the nature of mandamus has been sought commanding the Elders Committee of the Association to make an inquiry in the matter of deposit of the subscription of the members and take appropriate action, if any member is found guilty of depositing the subscriptions of others. The petitioner has also inter alia, prayed for a relief as this Court deems fit and proper under the facts and circumstances of the case.

2. So far as the first part of the relief is concerned, the same has become infructuous as the term of the earlier Governing Council has already come to an end and the Elders Committee has taken over the charge from the outgoing Governing Council of the Association. In view of this, we are only concerned with the remaining part of the reliefs, which have been prayed by the petitioner.

3. Another writ petition being Writ Petition No. 11140 (MB) of 2013 has been filed by the petitioner, namely, Moti Chand Yadav for a direction commanding the opposite parties to extend the benefit of Oudh Bar Association’s Members And Their Families (Help In Distress), Scheme 2013 to every member of the Bar Association without there being any age limit. A further direction has been sought commanding the opposite parties to modify the proviso attached to para 4 of the aforesaid scheme.

4. The submission of the petitioner is that the aforesaid Scheme was launched in the year 2013 for the benefit of its member and a Coordinate Bench of this Hon’ble Court vide its judgment and order dated 6.11.2013 passed in Writ Petition No. 10322 (MB) of 2013, has directed the Registry of this Court, to ensure that while making endorsement of petitions, an endorsement should be made with regard to affixation of Rs. 100/- stamp, which is issued by the Oudh Bar Association. As per the scheme, this contribution of Rs. 100/- collected by way of selling tickets, is deposited in an account and in case of death of a member, his nominee gets Rs. 4 lacs as financial assistance. However, a criteria has been fixed in Rule 4 that full financial assistance will not be available to those members who become member of the Oudh Bar Association on or after the commencement of the scheme after attaining the age of 60 years or after retirement from Central Government Service/State Government Service/ Corporation/Public/ Private Establishment/Undertaking or any other service. They will be entitled to get only 25% of the death benefit under the scheme.

5. The submission on behalf of the petitioner is that in old age, specially after the age of 60 years, an Advocate needs more security in life and sometimes needs treatment for which financial assistance is required. Since the proviso of Rule 4 referred to above is not available to the Advocates, who have crossed the age of 60 years, it is unjust and unfair. There is also no pensionary benefit to any Advocate, hence the aforesaid scheme be extended to all Advocates irrespective of their age.

6. We have heard Shri S.M. Royekwar, Advocate on behalf of the petitioner, Shri A.M. Tripathi the General Secretary of the outgoing Governing Council who has been impleaded as opposite party No. 1, Shri H.G.S. Parihar, learned Senior Advocate, the outgoing President of the Association, Dr L.P.Mishra, appearing for Elders’ Committee, Shri Sudeep Seth, Advocate, Shri Vishal Dixit for respondent No. 3 and Shri Brij Raj Singh, Shri Dev Prakash Mishra, Shri Sheikh Mohammed Ali, Shri Ramesh Pandey,