IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
W.P.No.17976 of 2019
Farida Begam … Petitioner
Vs.
1.The Puducherry Government,
Represented by the Chief Secretary to Government, Chief Secretariat Buildings, Puducherry – 605 001.
2.The Secretary to Government,
Home Department, Chief Secretariat Buildings, Puducherry – 605 001.
3.The Secretary to Government,
Finance Department, Chief Secretariat Buildings, Puducherry – 605 001.
4.The Secretary to Government,
Law Department, Chief Secretariat Buildings, Puducherry – 605 001.
5.The Chairman,
Bar Council of Tamil Nadu,
Madras High Court Buildings,
Chennai – 600 104.
6.Advocates Association, Pondicherry.
7.The Principal Secretary to Government,
Government of Tamil Nadu,
Finance Department,
Fort St. George, Chennai – 600 009.
8.The Secretary to Government,
Government of Tamil Nadu,
Law Department,
Fort St. George, Chennai – 600 009.
9.Puducherry Bar Association,
Represented by the President, District Court Buildings, Puducherry – 605 001.
10.Karaikal Bar Association,
Represented by the President, Karaikal Court Buildings.
11.Mahe Bar Association,
Represented by the President, Mahe Court Buildings.
12.Yanam Bar Association,
Represented by the President, Yanam Court Buildings.
13.Inhabitants Puducherry Advocates’ Welfare Association, Reg S.No.141 of 2021,
IPAWA, District Court Buildings,
Puducherry,
Represented by the General Secretary
M.Sivasubramanian. … Respondents [R6 suo-motu impleaded as per order dated
21.11.2019 made in WP.No.17976/2019]
[R7 and R8 are suo-motu impleaded as per order dated 03.06.2024 made in WP.No.17976/2019]
[R9 to R11 impleaded as per order dated 03.06.2024 made in WMP.No.26690/2021 in WP.No.17976/2019]
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directions to R1 to R5 to implement and enforce The Advocates’ Welfare Fund Act, 2001 to Puducherry Union Territory in accordance with Puducherry LA GAZETTE DE L’ ETAT vide in G.O.Ms.No.14/2008-LD., dated 02.07.2008; and R1 to R5 pay a compensation of Rs.25,00,000/- to the petitioner with costs; or any other suitable writ.
For Petitioner : Mr.C.Elangovan
For R1 to R4 : No Appearance
For R5 : Mr.M.R.Jothimanian
For R7 & R8 : Mr.P.S.Raman
Advocate General
Assisted by Mr.S.John J.Raja Singh
Additional Government Pleader
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
Mr.P.S.Raman, learned Advocate General would submit that the
Government has disbursed the additional grants sanctioned by the Government in G.O.(Ms).No.465 dated 27.08.2022 pursuant to the announcement made by the Hon’ble Chief Minister during the inauguration of the new building of High Court of Madras and foundation stone laying ceremony on 23.04.2022. The welfare fund scheme amount was enhanced from Rs.7 lakhs to Rs.10 lakhs.
- The learned Advocate General would further submit that approximately, about 441 applications are pending and many of the applications are old applications. Since the Government has already passed orders and the Government Order in G.O.(Ms).No.465, Home (Courts-V) Department dated 27.08.2022 has been issued with the concurrence of the Finance Department vide its U.O.No.40748/Home-II/2022 dated 26.08.2022, the Government is bound to release the additional sanction for the enhanced welfare amount.
- Admittedly, the additional sanction has not been disbursed. This Court is of the considered opinion that long pending dues are to be cleared without any lapse of time. When the Government is settling welfare benefits to its employees then and there immediately and the terminal benefits, running to several crores, to the Government Officials without any loss of time, the Government is bound to settle the welfare fund benefits to the learned Advocates within a reasonable period of time. It is a welfare scheme, statutorily constituted and the Government issued the aforesaid Government Order and therefore, there is no reason to keep such large number of applications pending for long duration.
- The calculation details provided by the learned Advocate General would indicate that as of today, a sum of Rs.13,03,14,291/- is available in the welfare fund account. Considering the mitigating circumstances, arose on account of the sudden death of the learned Advocates and to provide some assistance to the family members of such deceased Advocates, this Court is inclined to pass the following orders:
i. The Principal Secretary to the Government, Finance Department, Fort St. George, Chennai – 600 009 and the Principal Secretary to the Government, Home (Courts) Department, Fort St. George, Chennai – 600 009 are directed to release the sum of Rs.7 crores as an interim measure and credit the same in the name of the Registrar General, High Court of Madras High Court, Chennai – 600 104 within a period of ten days from the date of receipt of a copy of this order;
ii. The Registrar General, High Court of Madras, on receipt of the said amount, credit the same in the account of the Tamil Nadu Advocates Welfare Fund Trust account immediately.
iii. The learned Advocate General/Chairman of the Advocates Welfare Fund Trust is directed to disburse the admissible amount to the beneficiaries in the order of death seniority of the learned Advocates. The learned Advocate General/Chairman is requested to disburse the same within a period of one week from the date from which the Registrar General credit the amount in the Trust account. - Registry is directed to list the present matter on 19.07.2024 for reporting compliance.
[S.M.S., J.] [C.K., J.]
27.06.2024
Drm/Jeni
Index : Yes / No
Neutral Citation : Yes / No
Speaking order / Non-speaking order
To
1.The Puducherry Government,
Represented by the Chief Secretary to Government, Chief Secretariat Buildings, Puducherry – 605 001.
2.The Secretary to Government,
Home Department, Chief Secretariat Buildings, Puducherry – 605 001.
3.The Secretary to Government,
Finance Department, Chief Secretariat Buildings, Puducherry – 605 001.
4.The Secretary to Government, Law Department, Chief Secretariat Buildings, Puducherry – 605 001.
5.The Principal Secretary to Government,
Government of Tamil Nadu,
Finance Department,
Fort St. George, Chennai – 600 009.
6.The Secretary to Government,
Government of Tamil Nadu,
Law Department,
Fort St. George, Chennai – 600 009.
S.M.SUBRAMANIAM, J. and C.KUMARAPPAN, J.
Drm/Jeni
W.P.No.17976 of 2019
27.06.2024