The Delhi High Court on Wednesday refused to pass directions to include lawyers’ parents in the health insurance granted under the Delhi government’s scheme for welfare of advocates.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia observed that the agreement is between the Delhi government and the insurance company, and no writ of mandamus can be issued in the case.
“Can a court issue a direction to the party over a contract? Even if someone desires, by a writ of mandamus, can we direct this?” the Court said.
Therefore, the Court disposed of the public interest litigation (PIL) petition filed by the First Generation Lawyers Association.
In its plea, the organisation had said that under the Chief Minister Advocate Welfare Scheme, lawyers and their family members are given a health insurance of up to ₹5 lakhs.
However, under the scheme, the family includes the lawyers’ spouse and children below the age of 25 years. The parents of the advocates are excluded from the scheme, the petitioner organisation said.
Advocate Rudra Vikram Singh appeared for the petitioner, and as the Bench observed that no directions can be issued on the PIL, he said that he will withdraw the plea and make a representation before the government.
The Court allowed the request and disposed of the PIL.