Should clerk lose job if lawyer ends practice, Madras HC seeks reply

the service of the advocate clerk should not be entirely dependent only to the advocate under whom he or she is employed.
Madurai Bench of Madras High Court
Madurai Bench of Madras High Court(File photo | Express)
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MADURAI: The Madurai Bench of the Madras High Court on Thursday issued notice to the Registrar General of Madras High Court on a petition filed by an advocate clerk challenging two sub clauses of Rule 12 of the Advocates’ Clerks Rules, 1988, which say that an advocate clerk’s registration can be cancelled if the advocate under whom he was employed with ceases to practice or terminates his service.

C Muniyasamy, an advocate clerk from Kamuthi in Ramanathapuram, claimed that the aforesaid Rule causes prejudice to the livelihood of the advocate clerks. The enrolment or registration of an advocate clerk is based on his or her educational qualification. So, the service of the advocate clerk should not be entirely dependent only to the advocate under whom he or she is employed.

He also challenged Rule 11 of the aforesaid Rules for similar reasons as the said rule says an advocate clerk cannot be registered under two advocates unless the two advocates are related to each other.

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