High Court Issues Notice On Delhi Govt's Appeal Challenging Order For Extension Of CM Advocates' Welfare Scheme To Lawyers Residing In NCR

The Delhi High Court today issued notice on an appeal filed by the Delhi Government, challenging a single judge order for extension of benefits under CM Advocates' Welfare Scheme to lawyers who are residing in the NCR region but are practicing in Delhi.

A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh has posted the case for hearing on September 30.

The Delhi Government had argued that question as to which category of lawyers are eligible for benefits under the Scheme is an issue of policy. It was further stated that the Government has no statutory obligation and hence, no writ could be issued in the matter.

Senior Advocate Rajiv Nayar appearing for the Government submitted the single judge order is very strange inasmuch as it obligates the Delhi Government to extend its benefits to other states.

"This order is so strange. We introduced a welfare scheme for lawyers in Delhi. It is said that the same should be extended to NCR. Why restrict? Why not extend it to lawyers in Kerala, Tamil Nadu?" he remarked.

He clarified that the Government is willing to implement the Scheme for the National Capital Territory (NCT) region.

Senior Advocate Ramesh Gupta appearing for the Respondent on advance notice however rebutted, saying that lawyers of NCR region like Noida and Gurgaon are entitled to practice in Delhi. However, lawyers from Tamil Nadu and other states are not. Therefore, it was his case that there is no infirmity in the impugned order.

He further stated that the single judge has not asked the Delhi Government to increase the assistance amount. The same amount has to be distributed among the eligible lawyers and thus, there is no extra burden on the Appellant.

The Delhi Government rolled out a scheme for welfare of advocates with an annual outlay of Rs.50 crores. The same was to extended to practising advocates who are enrolled with the Bar Council of Delhi and are also in the voters' list of Delhi.

While allowing the pleas filed by the Bar Council of Delhi and Advocate-members of BCD residing in Noida, Gurugram, etc., Justice Prathiba Singh had observed:

"The condition in the Scheme that it would be applicable only to residents in Delhi with Voter IDs, is held to be discriminatory and arbitrary as the sub-classification from amongst the advocates enrolled with the Bar Council of Delhi, has no rational nexus with the object to be achieved."

The Judge had therefore ordered that benefits will be extended to the members of BCD, irrespective of whether they hold voter ID cards of Delhi or not.

Case Title: GNCTD v. Govind Swaroop