I am not sure if Supreme Court and various High Courts have powers to prescribe minimum salaries for advocates' clerks. But since these Superior Courts have power to accept or reject registration of an Advocate's clerk, I assume that Superior Courts may also have powers to prescribe the salaries of advocate's clerks.
I do not have a Big Picture View of how and what such clerks earn. But I can only quote Two Incidents.
1) In 1995, I had a clerk. One day he asked me for a loan of Rs.1000/-. I refused and cited my policy. I said I do not give advances or loans to anyone. The Clerk said, here in Delhi, except you, where else we can go and ask for a loan? We are all migrants here. No one knows us. If you will not give us loan than who else will give?
I still refused to give him loan. He left job. Later, in retrospect, I realized truth of what he had said. Thereafter, I have never denied any loan to any clerk. And I never ask loan back.
2) Recently, we learned from newspaper. A lawyer, who was charging fees of Rs.6 Lakh per day, refused to give loan of Rs.3000/- to his driver whose wife had suffered a miscarriage. This may not be a true story. But even if this is a false story, this says all about miseries of clerks and drivers of advocates.
The Government, on its own, will never look at these "small clerks of advocates" who do 80% foot work for advocates.
If Rules permit, the Superior Courts ought to fix minimum salaries of these clerks. After all, they too are parts of the giant machinery called Administration of Justice.
Haresh Raichura
23/4/2012
I do not have a Big Picture View of how and what such clerks earn. But I can only quote Two Incidents.
1) In 1995, I had a clerk. One day he asked me for a loan of Rs.1000/-. I refused and cited my policy. I said I do not give advances or loans to anyone. The Clerk said, here in Delhi, except you, where else we can go and ask for a loan? We are all migrants here. No one knows us. If you will not give us loan than who else will give?
I still refused to give him loan. He left job. Later, in retrospect, I realized truth of what he had said. Thereafter, I have never denied any loan to any clerk. And I never ask loan back.
2) Recently, we learned from newspaper. A lawyer, who was charging fees of Rs.6 Lakh per day, refused to give loan of Rs.3000/- to his driver whose wife had suffered a miscarriage. This may not be a true story. But even if this is a false story, this says all about miseries of clerks and drivers of advocates.
The Government, on its own, will never look at these "small clerks of advocates" who do 80% foot work for advocates.
If Rules permit, the Superior Courts ought to fix minimum salaries of these clerks. After all, they too are parts of the giant machinery called Administration of Justice.
Haresh Raichura
23/4/2012
