On Tuesday, the Delhi High Court temprarily stayed the single-Judge Bench order extending the CM Advocates' Welfare Scheme to Advocates and Lawyers residing in NCR but practicing in Delhi.
A Division-Bench comprising of Chief Justice DN Patel and Justice Amit Bansal has stayed the order until next hearing. i.e. 30th Sept, 2021
The Counsel for Delhi Govt. pointed out during the hearing that Notice was already issued on an appeal challenging single Judge order and the same is coming up for hearing at the end off month. The purpose of seeking the stay was to terminate the Delhi Govt's obligations to pay premiums for all the Advocates as per the said order.
The Govt will have to borne monetary loss if the appeal gets deicided in its favour later on, he stated.
"The direction to buy the policy for 5044 lawyers residing in NCR region by 31.07.2021 would highly prejudice the case of the appellant and would cause irreparable loss to the appellant," the appeal said.
The Delhi Govt's Scheme for welfare of Advocates with an annual outlay of ₹50 crores was previously confined to practising advocates who are enrolled with the Bar Council of Delhi and are also in the voters' list of Delhi.
Justice Pratibha Singh questioned the sub-classification and called the scheme as 'arbitrary and discriminatory' while allowing the petition filed by BCD and Advocate-Members residing in Noida, Gurugram, etc.
She thus ordered the extension of benefit to all the members of BCD, whether they hold voter Delhi Voter ID Cards or not.
The Delhi Govt then filed appeal against the order and argued that its a policy issue. It was further stated that the Govt has no statutory obligation and hence, no writ could be issued in the matter.
Notices in the matter were issued last month.
Next hearing to be held on September 30th.
source ; /www.latestlaws.com
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