Full Text
HIGH COURT OF DELHI
Date of Decision: 15th December, 2020
GOVIND SWAROOP CHATURVEDI ..... Petitioner
Through: Petitioner in person (M: 8178506260).
Through: Mr. Satyakam, Additional Standing Counsel for GNCTD.
Mr. Rakesh Khanna, Senior Advocate.
Mr. Ramesh Gupta, Sr. Advocate and Chairman, Bar Council of Delhi, Mr. Ajayinder Sangwan, Secretary, BCD and Mr. Amit P. Shahi, Advocate.
Mr. Kamal Mehta, Advocate with Mr. Hemant Buch Chief/P&GS
(Marketing/Govt Business & Compliance) LIC of India.
Mr. Sanjay Rawat, Advocate for NIACL with Mr. Gaurav Sharma, Branch Manager.
JUDGMENT
18 WITH + W.P.(C) 3357/2020 BALVINDER SINGH BAGGA & ORS...... Petitioners Through: Mr. Amarjit Singh Chandiok, Senior Advocate with Mr. Naginder Benipal, Advocate with Petitioner No.1 in person. (M:9999329299)
VERSUS
GOVERNMENT OF NCT OF DELHI & ORS...... Respondents Through: Mr. Satyakam, Additional Standing Counsel for GNCTD. Mr. Rakesh Khanna, Senior Advocate. Mr. Ramesh Gupta, Sr. Advocate and Chairman, Bar Council of Delhi, Mr. 2020:DHC:3584 W.P.(C) 3298/2020 & connected matters Ajayinder Sangwan, Secretary, BCD and Mr. Amit P. Shahi, Advocate. Mr. Kamal Mehta, Advocate with Mr. Hemant Buch Chief/P&GS (Marketing/Govt Business & Compliance) LIC of India. Mr. Sanjay Rawat, Advocate for NIACL with Mr. Gaurav Sharma, Branch Manager. 19 AND + W.P.(C) 3362/2020 and CM APPLs. 11901/2020, 11902/2020, 17666/2020, 29369/2020 BAR COUNCIL OF DELHI THROUGH ITS CHAIRMAN..... Petitioner Through: Mr. Ramesh Gupta, Sr. Advocate and Chairman, Bar Council of Delhi, Mr. Rakesh Khanna, Senior Advocate, Mr. Ajayinder Sangwan, Secretary, BCD and Mr. Amit P. Shahi, Advocate.
VERSUS
GOVERNMENT OF NCT OF DELHI & ORS...... Respondents Through: Mr. Satyakam, Additional Standing Mr. Chetan Sharma, ASG with Mr. Mr. Anil Soni, CGSC and Mr. Devesh Dubey, Advocate for UOI. 20 AND + W.P.(C) 4303/2020 and CM APPL. 15480/2020 W.P.(C) 3298/2020 & connected matters CHAIRMAN..... Petitioner Through: Mr. Ramesh Gupta, Sr. Advocate and Chairman, Bar Council of Delhi, Mr.
VERSUS
GOVT.
OF NCTD & ORS...... Respondents Through: Mr. Satyakam, Additional Standing Mr. Chetan Sharma, ASG with Mr. Mr. Anil Soni, CGSC and Mr. Devesh Dubey, Advocate for UOI. Mr. Yudhvir Singh Chauhan, Advocate for Coordination Committee of all District Bar Associations. 21 WITH + W.P.(C) 4304/2020 and CM APPL. 15481/2020 CHAIRMAN..... Petitioner Through: Mr. Ramesh Gupta, Sr. Advocate and Chairman, Bar Council of Delhi, Mr.
VERSUS
GOVT.
OF NCTD & ORS...... Respondents Through: Mr. Satyakam, Additional Standing W.P.(C) 3298/2020 & connected matters Counsel for GNCTD. Mr. Yudhvir Singh Chauhan, Advocate for Coordination Committee of all District Bar Associations. CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J. (Oral)
1. This hearing has been held through video conferencing.
2. Further to the last order dated 27th November, 2020, the status report has been filed by GNCTD. As per the said report, the amount of Rs.10,07,70,894/- has been paid to the Life Insurance Corporation of India (hereinafter, “LIC”) for a total number of beneficiaries of 28,774. However, after verification of the data relating to the lawyers as per their eligibility, at this stage, the identified number of lawyers eligible for obtaining a policy from LIC are 21,889. Thus, there is excess premium amount of Rs.2,41,12,309/- with LIC. Mr. Hemant Buch Chief/P&GS (Marketing/Govt Business & Compliance), submits that life insurance policies have been issued in respect of 21,889 lawyers to the Department of Law and Legislative Affairs, GNCTD. Individual certificates for each of the lawyers are being generated in PDF format and shall be emailed to the respective lawyers concerned for their record. He further submits that LIC is willing to refund the said amount to GNCTD. In view of the fact that further reliefs have been sought by the Bar Council of Delhi (hereinafter, “BCD”) for those advocates W.P.(C) 3298/2020 & connected matters who could not register in time and the issue in respect of NCR lawyers is still pending before this Court, it is deemed appropriate to direct that LIC retain the excess premium amount till 31st January, 2021.
3. Insofar as New India Assurance Company Limited (hereinafter, “NIACL”) is concerned, the master policy in respect of 22,467 lawyers/families/beneficiaries are stated to have been issued. Total advance premium of Rs.30,53,08,500/- has been paid to NIACL. Since out of 29,077 lawyers, only 22,467 lawyers could be verified, the advance premium amount is in excess of the number of lawyers/beneficiaries. Approximately 7,000 lawyers are still to be verified by BCD. Accordingly, the balance premium of Rs. 6,94,05,000/- is liable to be refunded by NIACL. However, since this Court is currently hearing the issue relating to NCR lawyers and lawyers who have sought registration but are yet to be verified by BCD, it is directed that NIACL also retain the excess premium amount till 31st January, 2021.
4. The amounts shall be retained by both LIC and NIACL and shall be subject to any further orders passed in these petitions.
5. Insofar as NIACL is concerned, it is further submitted that there are discrepancies in respect of the gender of the beneficiaries, their date of birth and other such data. In view thereof, since the premium has already been paid and most policies are ready to be issued, the beneficiaries ought not to be deprived of the medi-claim policies, especially during the pandemic. Accordingly, the following directions are passed: i. Two representatives from the IT Department, GNCTD along with two senior officers/representatives from the Ministry of Law, GNCTD, two officers of NIACL and two representatives of BCD shall meet from tomorrow i.e. 16th December, 2020 at 11am and W.P.(C) 3298/2020 & connected matters shall complete verification of all the details which are required by NIACL by the end of day on 18th December, 2020. ii. The venue of the meetings shall be the Conference Room, Delhi Government Secretariat, I.P. Estate, New Delhi. Mr. Pankaj, Superintendent from the law department shall coordinate the venue and provide other logistical support for these meetings from tomorrow. iii. Parties shall report compliance by filing a status report before 22nd December, 2020 in this regard.
6. In the meantime, BCD shall also verify the data relating to the other lawyers whose data could not be verified for the LIC and NIACL policies and file a status report before the next date. The Delhi Government is directed to supply the data relating to lawyers for whom insurance has not been availed of by tomorrow, in order to enable BCD to verify the same.
7. List on 22nd December, 2020.
PRATHIBA M. SINGH JUDGE DECEMBER 15, 2020/dk/T