Documentos de Académico
Documentos de Profesional
Documentos de Cultura
PETITIONERS
RESPONDENTS
VERSUS
UNION OF INDIA AND ORS.
With
IA No.
OF 2014
PAPER BOOK
(KINDLY SEE INDEX INSIDE)
INDEX
SL.
NO.
PARTICULARS
PAGES
1.
Listing Performa
A A2
2.
BG
3.
1 23
4.
Appendix
24 26
ANNEXURE P-1
27 29
ANNEXURE P-2
30 32
ANNEXURE P-3
33
ANNEXURE P-4
34
ANNEXURE P-5
35 50
ANNEXURE P-6
51 67
11.
ANNEXURE P-7
68 86
ANNEXURE P-8
87 110
ANNEXURE P-9
111 136
14.
ANNEXURE P-10
137 158
15.
ANNEXURE P-11
159 180
ANNEXURE P-12
181 193
IA No.
OF 2014
194 196
Affidavit
197
19.
Letter
198
PIL
Section:
NA
Rule No(s):
NA
NA
Section:
NA
NA
Rule No(s):
NA
NA
NA
NA
Names of Judges:
NA
1.
NA
Name of Matter:
Civil
2.
(a)
Petitioner/Appellant No. 1:
(b)
(c)
E-mail ID:
Mobile Phone
Number:
Criminal
The Supreme Court
Bar Clerks Association
(Regd.)
r.purushothaman46@yahoo.in
09313907738
3.
(a)
(b)
(c)
4.
(a)
5.
6.
7.
Respondent No. 1:
E-mail ID:
Mobile Phone
Number:
Main category
classification:
24 APPOINTMENTS ETC., OF
CONSTITUTIONAL
FUNCTIONARIES
2407 OTHERS
NA
NA
NA
Yes
(b)
(c)
(d)
(e)
8.
9.
10.
FIR No.
NA
Police Station:
Sentence Awarded:
Sentence
Undergone:
Land Acquisition Matters:
(a) Date
of
Section
4
notification:
(b) Date of Section 6
notification:
(c) Date of Section 17
notification:
Tax Matters: State the tax effect:
Special Category:
(First petitioner/appellant only)
Senior
citizen >
65 Years
SC/S
T
Aid Case
In custody
Woma
n/chil
d
No
Date:
NA
NA
NA
NA
NA
NA
NA
NA
Disable
d
Legal
11.
Petitioners
Versus
1.
2.
3.
Union of India,
Secretary, Union Ministry of Law and Justice
Shastri Bhawan, A-Wing,
Dr. Rajendra Prasad Road,
New Delhi-110001
Through its Secretary
Respondent
Respondent
4.
5.
6.
7.
8.
9.
10.
Respondent
Respondent
State of Assam
Represented through its
Chief Secretary
Secretariat
Dispur-781001,
Assam State.
Respondent
State of Bihar
Represented through its
Chief Secretary
Secretariat
Patna-800001,
Bihar State.
Respondent
Respondent
State of Chhattisgarh
Represented through its
Chief Secretary
Secretariat
Raipur-492001,
Chhattisgarh State.
Respondent
Respondent
7
11.
Respondent
12.
13.
State of Goa
Represented through its
Chief Secretary
Secretariat
Panaji-403001,
Goa State.
Respondent
State of Gujarat
Represented through its
Chief Secretary
Secretariat
Ahmedabad-380060,
Gujarat State.
Respondent
State of Haryana
Represented through its
Chief Secretary
Secretariat
Chandigarh-160036,
Haryana State.
Respondent
Respondent
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
Srinagar-190001,
(Summer), Jammu (Winter)
Jammu & Kashmir State.
Respondent
State of Jharkhand
Represented through its
Chief Secretary
Secretariat
Ranchi-834002
Jharkhand State.
Respondent
State of Karnataka
Represented through its
Chief Secretary
Vidhan Sudha
Bangaluru-560001,
Karnataka State.
Respondent
State of Kerala
Represented through its
Chief Secretary
Secretariat
Kochi-682031,
Kerala State.
Respondent
Respondent
Respondent
State of Mahasrashtra
Represented through its
Chief Secretary
Secretariat
Mumbai-400032,
Maharashtra State.
Respondent
24.
25.
26.
27.
28.
29.
30.
State of Manipur
Represented through its
Chief Secretary
Secretariat
Imphal-795001,
Manipur State.
Respondent
State of Meghalaya
Represented through its
Chief Secretary
Secretariat
Shillong-793001,
Meghalaya State.
Respondent
State of Mizoram
Represented through its
Chief Secretary
Secretariat
Aizawl-796001,
Mizoram State.
Respondent
State of Nagaland
Represented through its
Chief Secretary
Secretariat
Kohima-797001,
Nagaland State.
Respondent
State of Odhisha
Represented through its
Chief Secretary
Secretariat
Bhubaneswar-751001,
Odhisha State.
Respondent
Respondent
State of Punjab
Represented through its
Chief Secretary
Secretariat
Chandigarh-160036,
Punjab State.
Respondent
10
31.
32.
33.
34.
35.
36.
37.
State of Rajasthan
Represented through its
Chief Secretary
Secretariat
Jaipur-302001,
Rajasthan State.
Respondent
State of Sikkim
Represented through its
Chief Secretary
Secretariat
Gangtok-737101.
Sikkim State.
Respondent
Respondent
State of Tripura
Represented through its
Chief Secretary
Secretariat
Agartala-799001,
Tripura State.
Respondent
Respondent
State of Uttarakhand
Represented through its
Chief Secretary
Secretariat
Dehradun-248001,
Uttarakhand State.
Respondent
11
Kolkata-700001,
West Bengal State.
38.
Respondent
CONSTITUTION
OF
INDIA
FOR
ISSUANCE
OF
AN
12
2.
(a)
(b)
herewith
and
marked
as
Annexure
P-3
(pages 33).
13
3.
4.
(pages
14
5.
15
6.
By convention
Courts
premises.
In
these
circumstances,
the
16
7.
The petitioners submit that the clerks toil day and night to
assist the Advocates in the service of in clients. The clerk
communicates the intricacies of procedure to the litigants.
He works 24x7 hours without any holidays or leave benefits,
since the demands of the work are such that clerks cannot
afford to remain absent.
Some Advocates
8.
17
9.
Besides
guaranteeing
as
fundamental
right,
the
10.
18
19
20
13.
(Social
security
and
social
insurance;
respect
of
social
security
and
social
insurance
14.
21
15.
16.
22
17.
(ii)
(iii)
23
(iv)
18.
petition and all the IAs filed with a direction that the
problem of hawking and street vending may be
regulated by the present schemes framed by NDMC
and MCD up to 30.06.2011. Within that time, the
appropriate Government is to legislate and bring out
the law to regulate hawking and hawkers
fundamental right. Till such time the grievances of the
hawkers/vendors may be redressed by the internal
dispute redressal mechanisms provided in the
schemes.
19.
20.
24
GROUNDS
A.
B.
C.
D.
For that, the Advocates clerks of the States which have not
constituted the Fund have been suffering discrimination.
E.
25
F.
PRAYER
In the above circumstances, this Honble Court may be pleased
to:
(i)
(ii)
(iii)
26
(iv)
in
accordance
with
proposed
framework
legislation; and
(v)
SETTLED BY:
MR. RAJURAMACHANDRAN
SENIOR ADVOCATE
DRAWN BY
FILED BY
USHA NANDINI V.
Advocate for the Petitioners
27
PETITIONERS
VERSUS
UNION OF INDIA AND ORS.
RESPONDENTS
A F F I D A V IT
I, R. Purushothaman, S/o. Raghavan, Aged 50 years, office J-27, 3rd
floor, Jangpura Extension, New Delhi-110014, do hereby solemnly
affirm and state as follows:1. I am the Hony. Secretary of the SCBCA/Petitioner in the above
mentioned Writ Petition, and as such I am well conversant with
the facts of the case and thus competent to swear this affidavit.
2. I state that I have read and understood the contents of the Synopsis
and List of Dates at Pages B to G and contents of Para 1 to 20 at
pages 1 to 22 of the Writ Petition and state that the facts
mentioned therein are true to my knowledge and information
derived from the records of the case as per the legal advice
received from my Lawyer and believed by me. I say that the facts
and circumstances stated in the Writ Petition are true and correct
to the best of my knowledge and belief.
3. That the Annexures produced along with the Writ Petition are true
copies of their respective originals.
4. That the averments in para 1 to 3 of this affidavit are true and
correct to best of my knowledge and belief.
DEPONENT
VERIFICATION
I the above named deponent affirms that the contents of Para 1 to
3 of this Affidavit are true and correct to best of my knowledge and
belief and no part of it is false and nothing material has been concealed
therefrom.
Verified at New Delhi on this the 30th day of October, 2014.
DEPONENT
28
CONSTITUTION OF INDIA
ARTICLE 14.
14. Equality before law The State shall not deny to any person
equality before the law or the equal protection of the laws within
the territory of India.
ARTICLE 19.
19. Protection of certain rights regarding freedom of speech, etc.
(1) All citizens shall have the right
(a)
(b)
(c)
(d)
(e)
(g)
29
(3)
(4)
(5)
(6)
(i)
(ii)
ARTICLE 21.
21.
// TRUE COPY //
31
PETITIONERS
VERSUS
UNION OF INDIA AND ORS.
RESPONDENTS
2.
translated
by
the
Official
Translator
is
time
(ii)
FOR
WHICH
ACT
OF
KINDNESS
THE
HUMBLE
Filed by:
USHA NANDINI V.
Advocate for the Petitioners
Dated:
.11.2014
Place: New Delhi
33
1A.
and
his
working
office
address
is
Court
Bar
Clerks
Association
Pan
No.
AACAS9741D.
ii)
iii)
iv)
v)
vi)
34
USHA NANDINI V.
Advocate Supreme Court
57 Lawyers Chambers,
Supreme Court Compound,
New Delhi - 110001
November 2014
To
The Registrar
Supreme Court of India,
New Delhi.
Sub: Diary No. 35538 of 2014 WP(C) No.
of 2014
The Supreme Court Bar Clerks Association (Regd.)
Vs.
Union of India & Ors.
Sir,
The registry is noted the defect that the matter is not
made out in the chronological order. It is hereby clarify
that the cause of action taken in this matter it is not
possible to make out in chronological order but it is make
sequences of the case therefore, a kind request that the
defect may be ignored and Writ Petition may be
registered an urgent basis.
Thanking you
Yours Sincerely
35
PETITIONERS
VERSUS
UNION OF INDIA AND ORS.
RESPONDENTS
AFFIDAVIT
I, R. Purushothaman, S/o. Raghavan, Aged 50 years, office J-27, 3rd
floor, Jangpura Extension, New Delhi-110014, do hereby solemnly
affirm and state as follows:1. I am the Hony. Secretary of the SCBCA/Petitioner in the above
mentioned Writ Petition, and as such I am well conversant with
the facts of the case and thus competent to swear this affidavit.
2. I state that there is no personal gain, private motive or oblique
reason in filing the Public Interest Litigation and I state that the
facts mentioned therein are true to my knowledge and information
derived from the records of the case as per the legal advice
received from my Lawyer and believed by me. I say that the facts
and circumstances stated in the Writ Petition are true and correct
to the best of my knowledge and belief.
3. That the averments in para 1 to 2 of this affidavit are true and
correct to best of my knowledge and belief.
DEPONENT
VERIFICATION
I the above named deponent affirms that the contents of Para 1 to
2 of this Affidavit are true and correct to best of my knowledge and
belief and no part of it is false and nothing material has been concealed
therefrom.
Verified at New Delhi on this the 10th day of November, 2014.
DEPONENT
36
PETITIONERS
VERSUS
UNION OF INDIA AND ORS.
RESPONDENTS
AFFIDAVIT
I, R. Purushothaman, S/o. Raghavan, Aged 50 years, office J-27, 3rd
floor, Jangpura Extension, New Delhi-110014, do hereby solemnly
affirm and state as follows:1. I am the Hony. Secretary of the SCBCA/Petitioner in the above
mentioned Writ Petition, and as such I am well conversant with
the facts of the case and thus competent to swear this affidavit.
2. I state that I have read and understood the contents of the
application for exemption for filing official translation of the
registration certificate of the Supreme Court Bar Clerks
Association (Regd.) and I state that the facts mentioned therein are
true to my knowledge and information derived from the records of
the case as per the legal advice received from my Lawyer and
believed by me. I say that the facts and circumstances stated in the
application is true and correct to the best of my knowledge and
belief.
3. That the averments in para 1 to 2 of this affidavit are true and
correct to best of my knowledge and belief.
DEPONENT
VERIFICATION
I the above named deponent affirms that the contents of Para 1 to
2 of this Affidavit are true and correct to best of my knowledge and
belief and no part of it is false and nothing material has been concealed
therefrom.
Verified at New Delhi on this the 10th day of November, 2014.
DEPONENT
37
38