The court's decision came in response to a plea seeking the implementation and enforcement of The Advocates' Welfare Fund Act, 2001, in the Union Territory of Puducherry. The Act aims to provide financial assistance and welfare measures for advocates and their families. Justices SM Subramaniam and C Kumarappan presided over the case, highlighting the necessity of supporting young lawyers and the families of deceased advocates.
Previously, the court had instructed all advocates and senior advocates in Tamil Nadu to provide a stipend ranging from ₹15,000 to ₹20,000 to young lawyers in the state. This measure was intended to support the professional growth and stability of newly practicing lawyers. Additionally, the Advocate General, who serves as the Chairman of the Welfare Fund Trust, informed the court about a recent Government Order that increased the welfare scheme amount from ₹7 lakh to ₹10 lakh. Despite this order, approximately 441 applications for benefits remained pending, many of which were old.
The court observed that the state government had not yet disbursed the additional sanctioned funds as stipulated in the Government Order. Emphasizing the need for timely settlement of welfare benefits, the court noted that the government was already providing welfare benefits to its employees and should extend the same diligence to advocates' welfare funds. The justices stressed that long-pending dues must be cleared promptly to ensure the financial support reaches the intended beneficiaries without delay.
In its ruling, the court directed the state to release the specified funds immediately and instructed the Advocate General to disburse the funds to the beneficiaries within a week. The court also requested a compliance report to ensure that the directive is implemented efficiently. This decision underscores the court's commitment to upholding the welfare and rights of the legal community, ensuring that advocates and their families receive the support they are entitled to.
The ruling by the Madras High Court serves as a crucial step in enforcing the welfare provisions for advocates, ensuring financial stability for their families, especially in times of need. The directive to release ₹7 crore and the enhancement of the welfare scheme amount reflect the court's proactive stance in safeguarding the interests of the legal fraternity. This decision not only addresses the immediate financial requirements of the advocates' families but also sets a precedent for timely and efficient implementation of welfare measures in the future.
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