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Allahabad High Court · body

2014 DIGILAW 2870 (ALL)

Manjari Gupta v. State of U. P.

2014-09-15

ARVIND KUMAR TRIPATHI II, DEVI PRASAD SINGH

body2014
JUDGMENT Petitioner's father, late Uma Jeet Gupta, had been a practising Advocate of this Court and member of Oudh Bar Association. He left for heavenly abode on 30.12.2013. After his death, an application was moved before the Oudh Bar Association on 3.1.2014, for grant of financial assistance. The petitioner who is the daughter of late Uma Jeet Gupta, submits that the application for grant of financial assistance, moved on 3.1.2014, remained unattended. 2. Sri Ramesh Pandey, General Secretary, of Oudh Bar Association, while defending cause of Oudh Bar Association, submits that the application was moved during the time of earlier executive committee of the Oudh Bar Association and they were not aware with regard to pendency of any application moved by the petitioner. He undertakes that according to scheme of the Oudh Bar Association, the financial assistance in total of Rs.4,00,000/- shall be provided to the petitioner's family. He undertakes to pay the amount. He further submits that after executive committee shall make necessary amendment in the procedure prescribed for grant of financial assistance. The readiness shown by the General Secretary of Oudh Bar Association is appreciable. 3. We are of the view that unfortunately, whenever the death of a member of the Oudh Bar Association takes place, the General Secretary or any Office bearer of the Oudh Bar Association should approach the widow or the surviving dependant member of the deceased Advocate and handover a bank draft to the widow or the surviving dependant member of the deceased Advocate. Even if no application is moved, ultimately, the widow or the surviving dependant member of the deceased Advocate who has been the member of Association, is entitled for financial grant in terms of the scheme framed by the Oudh Bar Association itself. For the purpose of grant of financial assistance, Oudh Bar Association may take action and a bank draft may be handed over to the widow or any surviving member of the deceased Advocate in accordance to Scheme. 4. We may not oversight the plight of majority of the member of the Bar Association whose family may not be in a position to look after their routine affairs and even may not come to Bar Association with application for grant of financial assistance on account of different reasons. 4. We may not oversight the plight of majority of the member of the Bar Association whose family may not be in a position to look after their routine affairs and even may not come to Bar Association with application for grant of financial assistance on account of different reasons. It is for the Oudh Bar Association to ensure that financial assistance is provided to the members of deceased family even if no such application is moved. Of course, while providing financial assistance, it is necessary for the Oudh Bar Association to verify the identity of the dependant or widow of the deceased Advodate and thereafter handover the bank draft with regard to financial assistance. 5. The payment of grant should be honourable in all respects to the deceased Advocate. It is not a bounty nor it is beggar's right but it is right flowing from being the member of a noble profession i.e., Advocate who happens to be the member of the Oudh Bar Association. 6. Accordingly, we are of the view that Oudh Bar Association should handover the financial assistance to the widow or the surviving dependant of the deceased Advocate who has been the member of the Oudh Bar Association as far as possible immediately after death of deceased Advocate without waiting for any application for the purpose. Formality if any, may be completed while delivering the Bank Draft. 7. Since an undertaking has been given by the General Secretary of the Oudh Bar Association itself, to look into the matter and handover the amount by way of bank draft, we are not proceeding further. However, in view of the present controversy, we direct the General Secretary, Oudh Bar Association to take a decision in the matter and regulate the affairs of the Bar Association keeping in view the observations made in the present judgment which shall be irrespective of the tenure of the executive committee of the Oudh Bar Association. 8. Subject to the above, the writ petition is finally disposed of.