The High Court of Madhya Pradesh at Indore has taken cognizance of a Public Interest Litigation (PIL) seeking the establishment of a welfare scheme for advocates who have practiced for 35 to 40 years. A Division Bench comprising Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf has directed the State Bar Council of Madhya Pradesh to consider framing a scheme similar to the pension and family pension plan in place for advocates in Bihar and to submit a report on the matter.
The court issued this directive while hearing a writ petition filed by Shri Rajendra Shrivastava, a practicing advocate, who appeared in person. The petition has been transferred to the Principal Seat at Jabalpur for further hearing.
Background of the Case
The petitioner, Shri Rajendra Shrivastava, filed the Public Interest Litigation (WP No. 26638 of 2025) contending that the State Bar Council should enact a welfare scheme for the benefit of advocates who have dedicated 35 to 40 years to the legal profession.
Arguments of the Petitioner
Appearing in person, Shri Shrivastava submitted that advocates are a vital part of the legal system and contribute substantially to the furtherance of justice. He argued that despite their long service, there is no support mechanism for them “at the fag end of their carrier when they are unable to sustain junctures.”
To support his plea, the petitioner drew the court’s attention to a similar measure implemented in another state. He submitted that “the Bihar State Bar Council has prepared a Bihar State Bar Council Advocates’ Welfare Scheme, 2012, which provides provisions for pension and family pension to the advocates and / or their family as the case may be.” A copy of the Bihar State Bar Council Advocates’ Welfare Scheme (Pension and Family Pension) Rules, 2012, was produced before the court and was taken on record.
Court’s Analysis and Order
After hearing the petitioner’s initial submissions, the High Court issued notice to the respondents. Shri Anand Soni, Additional Advocate General, accepted the notice on behalf of the State (respondent No. 1), and Shri N.S. Bhati, Advocate, accepted it for respondent No. 3. The court ordered that notice be issued to respondent No. 2.
The Division Bench directed that a copy of the Bihar pension rules, as filed by the petitioner, be supplied to the State Bar Council of Madhya Pradesh. In its order, the court explicitly instructed the council on the next steps. The judgment reads, “State Bar Council shall consider, as to whether the similar scheme can be framed for the advocates of the State of Madhya Pradesh and submit a report to this Court.”
Recognizing that the primary relief sought in the petition is against the State Bar Council of Madhya Pradesh, whose office is located in Jabalpur, the court ordered the transfer of the case. “Since the main relief is sought against the State Bar Council of Madhya Pradesh, whose office is at Jabalpur, this petition is directed to be transferred to the Principal Seat at Jabalpur,” the order stated.
The matter has been scheduled to be listed before Division Bench-I at the Principal Seat in Jabalpur on November 12, 2025.
