Court Disposes PIL as State Assures Yearly Budgetary Allocation for Advocates' Health Insurance
In a significant judgment, the Jharkhand High Court has disposed of a Public Interest Litigation (PIL) filed by advocate Bidesh Kumar Dan, which sought financial aid and insurance benefits for practicing advocates in the state. The division bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar took note of the Jharkhand government's resolution ensuring health insurance coverage for registered advocates under the "Jharkhand Advocates' Welfare Trustee Committee."
The court was informed through an affidavit by Dr. Neha Arora, Executive Director of the Jharkhand State Arogya Society, that the state government had allocated budgetary funds under the "Non-Salary Head" to facilitate health insurance for advocates. According to the resolution dated January 24, 2025, the state has committed to paying an annual premium of Rs. 6000 per advocate, with provisions for yearly budgetary allocations.
Petitioners had also sought the publication of the resolution in the official Gazette to prevent bureaucratic hurdles. However, the court observed that publication in the Gazette is not mandatory for implementing the policy. The affidavit by Dr. Arora was accepted as a formal assurance from the state government regarding the proper execution of the policy.
The court acknowledged that the reliefs sought in the PIL had been substantially addressed by the state's policy decisions. It expressed confidence that any further issues, such as the necessity of Gazette publication, would be handled appropriately by the state, ensuring smooth implementation of the policy.
The judgment marks a crucial step towards the welfare of advocates in Jharkhand, emphasizing the state's commitment to providing necessary financial and health support to legal professionals. The court's decision underscores the importance of governmental accountability in welfare policies and sets a precedent for similar initiatives in other states.
Bottom line:-
Financial aid and insurance benefits for advocates in Jharkhand - State Government's policy decision to allocate funds for health insurance of advocates under the "Jharkhand Advocates' Welfare Trustee Committee" - Annual premium to be paid for each registered advocate - Policy to continue with yearly budgetary allocations.
Statutory provision(s):
- Jharkhand Advocates' Welfare Trustee Committee
- Health Insurance Policy for Advocates
- Non-Salary Head Budgetary Allocation
The High Court's decision reinforces the state's responsibility in securing the welfare of its advocates through structured financial and health insurance schemes, setting a progressive benchmark for legal and welfare reforms.
Bidesh Kumar Dan v. Union of India, (Jharkhand)(DB) : Law Finder Doc id # 2923673
