Prithipal Singh's petition for medical reimbursement under CMAWS rejected; court emphasizes mandatory compliance with verification procedures.
In a recent judgment, the Delhi High Court dismissed a petition filed by Prithipal Singh, an advocate who sought medical reimbursement under the Chief Minister Advocates Welfare Scheme (CMAWS). The court ruled that Singh's claim could not be entertained as his Election Photo Identity Card (EPIC) details were not verified within the stipulated deadlines, a prerequisite for availing insurance benefits under the scheme.
The petitioner, Prithipal Singh, argued that he was entitled to the benefits as he had been a beneficiary of the scheme from December 2020 to December 2021. However, the court highlighted that the scheme's benefits were contingent upon successful EPIC verification, which Singh had failed to complete. Despite having an E-Card issued during the period when a court order allowed non-verified advocates to receive temporary benefits, the court emphasized that the continuation of benefits required compliance with verification processes.
The Chief Minister Advocates Welfare Scheme, initiated by the Government of NCT of Delhi, mandates that advocates registered with the Bar Council of Delhi and voters of Delhi ensure their EPIC details are verified. The court noted that Singh did not apply afresh for the scheme when a new registration window opened in February 2022. The court also rejected Singh's reliance on a notice stating that advocates who were previously registered need not apply again, underscoring that only those in the final verified list were exempt from reapplying.
Justice Anish Dayal, presiding over the case, stated that Singh's legitimate expectation of continued benefits based on previous entitlements could not override the scheme's procedural compliance requirements. The court further added that granting relief to Singh would set a precedent that could undermine the scheme's verification processes, potentially allowing unverified registrants to claim benefits.
The judgment also referenced a previous stay order by a Division Bench on an earlier ruling that had expanded the scheme's applicability. Consequently, the benefits were only extended to those advocates whose details were verified. Singh ultimately submitted a fresh application with updated voter ID details in March 2023, after which the benefits of the scheme were extended to him.
The court concluded by dismissing the petition, noting that any relief granted would open floodgates for claims by other unverified registrants, compromising the integrity and intent of the welfare scheme.
Bottom line:-
Advocates registered under the Chief Minister Advocates Welfare Scheme (CMAWS) must ensure the verification of their EPIC and enrolment details to avail insurance benefits. Mere registration under the scheme does not confer entitlement unless verification is completed.
Statutory provision(s): Administrative Law - Chief Minister Advocates Welfare Scheme, Administrative Law - Legitimate expectation, Welfare Scheme - Burden on authorities
Prithipal Singh v. Government of NCT of Delhi, (Delhi) : Law Finder Doc id # 2904901
