The state has a mandate to evaluate welfare schemes for Advocates' Clerks by considering them a distinct class contributing to the administration of justice, rendering their classification with other general clerical groups unreasonable under Article 14 of the Constitution.

O R D E R

% 07.01.2026

1. Having regard to the issues involved in this Petition, this Court on 10.07.2023 passed the following order:

“1. Mr. Kirti Uppal, learned Senior Counsel for Petitioner, at the outset, submits that various State Governments have promulgated legislation for the welfare of Advocate/ Clerks such as Advocates Clerks Welfare Fund Act (Annexures P-8-12) and a similar kind of legislation can be enacted for the State of Delhi. Mr. Ripu Daman Bhardwaj, learned CGSC, states that the Central Government is making all sincere efforts to ensure that some welfare schemes is enacted for Advocates/ Bar Clerks.

2. Mr. Anuj Aggarwal, learned Additional Standing Counsel for Respondent No. 3 – GNCTD has also stated that the matter is being looked into by the State Government.

3. In the considered opinion of this Court, taking into account the statutes enacted by various State Governments for the welfare of Advocate/ Bar Clerks noted above, the GNCTD should certainly make an endeavour to resolve the issue urged by the Petitioner. Let a decision be taken in the matter positively within six weeks from today by the Central Government as well as by the State Government at the highest level.

4. List on 13.09.2023.”

2. The Court had, thus, directed the State Government as also the Central Government to take a decision keeping in view the fact that various State Governments have enacted statutes providing for welfare of Advocates’ / Bar Clerks. The Court had expressly stated in the order dated 10.07.2023 that “the GNCTD should certainly make an endeavour to resolve the issue urged by the Petitioner. Let a decision be taken in the matter positively within six weeks from today by the Central Government as well as by the State Government at the highest level.”

3. The learned Counsel representing the Government of NCT of Delhi (“GNCTD”) submits that a Status Report on behalf of the GNCTD has been filed, however, the said Report is lying under objections. Let steps be taken by the learned Counsel representing the GNCTD to bring the said Status Report on record with a week from today.

4. We have been handed over a copy of the Status Report filed by the GNCTD, which is taken on record. A perusal of the Status Report reveals that a meeting appears to have been convened on 03.10.2024 in the Office of the Chief Secretary under his Chairmanship and was attended by the Additional Chief Secretary (Administrative Reforms Department), GNCTD; Special Secretary (Law Department), GNCTD and Director (Social Welfare), GNCTD. The Minutes of the Meeting (“Minutes”) enclosed with the said Status Report are unsigned and undated. The Minutes state inter alia that there has been no decision yet by Delhi Government for formulating a welfare fund for Advocates’ Clerks and that Delhi hosts large and diverse judicial fora including Supreme Court of India, this Court, District Courts, numerous specialized tribunals and commissions, which provide an opportunity of work for lawyers practicing in Delhi and accordingly for their clerks and, therefore, it would not be feasible for Delhi to make a scheme encompassing them all.

5. The Minutes also record further that the financial condition of the lawyers in Delhi and, accordingly, their clerks are relatively better than compared to other States where fewer opportunities of work exist. The Committee, thus, opined and decided that there does not exist any justification for considering formulation of schemes for the welfare of Advocates’ / Bar Clerk