Prayagraj, 21 November: Allahabad High Court has canceled the fourth amendment in the Uttar Pradesh Advocate General and Law Officer Establishment Service Rules 2022, terming it unconstitutional.
Through this amended rule, the state government had removed the powers related to the appointment and service of the employees of the Advocate General’s office from the Advocate General and given it to the Principal Secretary Law and Justice.
With its implementation, the control of the employees of the Advocate General’s office was shifted from the Advocate General to the Principal Secretary Justice.
Uttar Pradesh State Law Officers Ministerial Staff Association, High Court, Allahabad and others had raised objections to the new rules and challenged it in the Allahabad High Court.
It was said that the post of Advocate General is a constitutional and respectable post and snatching away his rights by making rules is unconstitutional.
The division bench of Chief Justice Pritinkar Diwakar and Justice Ashutosh Srivastava has discussed in detail the rights of the Advocate General provided in the Constitution in its order.
The court has called it an honorable position and has termed the rule of abolishing their rights as illegal.
While canceling this rule, the court has said that the rules and arrangements issued earlier regarding the Advocate General’s office will continue till the new rules are made.
The court has said that the new rules will be made in the constitutional framework mentioned in the order. The state government will have to ensure that the dignity of the post of Advocate General is maintained. The court has accepted the petition filed herewith.
