'Funds Coming For 'Farishtey Dilli Ke' Scheme' : Delhi Govt Withdraws Plea In Supreme Court Against LG

After being told that the issue of non-payment has been resolved, the Supreme Court today disposed of the dispute pending between Aam Aadmi Party-led Delhi government and Delhi LG VK Saxena over re-operationalization of the 'Farishtey' scheme (for road accident victims) by releasing pending hospital bills and making timely payments to private hospitals.A bench of Justices BR Gavai and KV Viswanathan passed the order upon hearing Senior Advocate Shadan Farasat (for Delhi government) who submitted that pursuant to issuance of notice in the matter, moneys have started coming in and therefore the petitioner-government did not wish to press the petition."For once, the dispute between Delhi government and LG should get [resolved]", remarked Justice Gavai in jest. Justice Viswanathan, on the other hand, expressed inability to hear the matter on account of appearance for one of the parties in a connected matter (which involved the issue as to who would have control over 'Services' in Delhi) during practice days.In reply, Farasat said that the petitioner-government simply wished to withdraw the plea. He also informed that plea challenging the law taking away 'services' from the control of the Delhi government is pending.To recap, in May, 2023, the top Court held that Delhi government has legislative and executive power over administrative services in the national capital, excluding matters relating to public order, police and land. A week after the decision was pronounced, an ordinance (now Act) was brought in which took away 'services' from the control of the Delhi government and effectively overturned the Supreme Court's ruling. Challenge to the said law is pending before the Supreme Court.Background'Farishtey' is a welfare scheme of the AAP government to ensure free, cashless treatment to victims of road accidents in the nearest government or private hospital in case of an accident. These hospitals are then reimbursed by the Delhi Arogya Kosh at Ayushman Bharat Health Benefit Package Rates 2.0. Approximately 23,000 road accident victims have been provided cashless treatment in private hospitals under the scheme, the Delhi Government's plea states.Through the present petition, the Delhi Government informed the Supreme Court that the scheme had become defunct for more than a year since payments to many hospitals were pending. According to the plea, there was a pending payment of Rs. 7.17 Crores with respect to 42 private hospitals. Despite oral and written directions by the Health Department of the GNCTD regarding clearance of pending bills of the private hospitals, the Defaulting Officials failed to take action.The Delhi government sought disciplinary action against the Defaulting Officials stating that their 'illegal insubordination' caused loss of lives and rendered directives of an elected Government meaningless. Further, it was claimed that in view of the 2023 Amendment to GNCTD Act, 1991, the Delhi Government had no power to take action against Defaulting Officials. Only the LG, either acting on the recommendation of the National Capital Civil Services Authority or in his sole discretion, could take action. Because of this, the Delhi Government was unable to re-operationalize the scheme, the petition stated.Case Title: Government Of NCT Of Delhi V. Office Of The Lieutenant Governor Of NCT Of Delhi And Ors, W.P.(C) No. 1352/2023Click Here To Read/Download Order

'Funds Coming For 'Farishtey Dilli Ke' Scheme' : Delhi Govt Withdraws Plea In Supreme Court Against LG

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'Funds Coming For 'Farishtey Dilli Ke' Scheme' : Delhi Govt Withdraws Plea In Supreme Court Against LG

Debby Jain

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