New Delhi, January 14:The Delhi High Court today refused to entertain a Public Interest Litigation (PIL) that sought to extend the benefits of the Chief Minister's Advocates Welfare Scheme to include the dependent parents of eligible lawyers. The Court observed that a writ of mandamus cannot be issued to compel the state to amend the terms of a welfare scheme.
The Bench emphasized that the formulation and scope of welfare schemes fall under the executive domain and are matters of policy. It also reinforced the principle of autonomy in contractual matters, including those involving the state, noting that courts cannot alter the eligibility criteria through judicial intervention.
The petition had challenged the exclusion of dependent parents from the definition of "family" under the scheme, which currently provides medical insurance and other benefits to practicing advocates, their spouses, and dependent children. The petitioner argued that this exclusion did not reflect the financial responsibilities of many lawyers, particularly first-generation practitioners who support their parents.
During the hearing, the petitioner requested permission to withdraw the petition, stating that they would first approach the relevant authorities to request a review of the policy. The High Court granted the withdrawal, clarifying that while it cannot direct the expansion of the scheme, the government remains at liberty to assess such requests at the administrative level.
