Why Enhanced Remuneration Can't Be Given To Law Researchers From October 2022? High Court Asks Delhi Govt
The Delhi High Court has asked the Delhi Government to explain as to why the approved enhanced remuneration of Rs. 80,000 per month cannot be paid to the law researchers with effect from October 01, 2022. A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta was dealing with a plea seeking to enhance the monthly remuneration of the High Court's law researchers...
The Delhi High Court has asked the Delhi Government to explain as to why the approved enhanced remuneration of Rs. 80,000 per month cannot be paid to the law researchers with effect from October 01, 2022.
A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta was dealing with a plea seeking to enhance the monthly remuneration of the High Court's law researchers from Rs. 65,000 to Rs. 80,000, along with arrears.
On September 09, the Bench noted that the Delhi Government's Council of Ministers took a decision on September 03 approving enhancement of the monthly remuneration of the Law Researchers from Rs. 65,000 to Rs. 80,000, with effect from September 02, 2025.
However, the Court said that the Committee of the Delhi High Court, as also the Chief Justice, in a meeting held on August 16, 2023, had approved the revision of remuneration from Rs. 65,000 to Rs. 80,000, with effect from October 01, 2022.
The Principal Secretary (Law, Justice & LA) of the Delhi Government as well as the panel counsel of the government submitted that the recommendation of enhancement has been made only with “prospective effect” and the payment of arrears has not been approved with retrospective effect.
Accordingly, the Court ordered:
“In view of the aforesaid, as also the previous precedent in mind, let the Additional Chief Secretary, Finance Department, GNCTD, file an affidavit as to why the decision of the Committee of this Court shall not be given effect from 1st October, 2022. Let the said affidavit be filed before the next date of hearing,” the Court said.
The matter will now be heard on October 10.
The petition has been filed by 13 individuals who were or are employed on contractual basis as Law Researchers with the Delhi High Court between 2018 to 2025.
They have sought implementation of directions issued by the Chief Justice of the Delhi High Court enhancing the monthly remuneration of Law Researchers to Rs. 80,000 with effect from October 01, 2022, along with arrears and interest at 18% per annum.
The plea states that on August 16, 2023, the Chief Justice had approved enhancement of remuneration to Rs. 80,000 with effect from October 01, 2022. However, it has been alleged that such an order has not been implemented yet.
“Almost two years have elapsed since the proposal was first sent to GNCTD, and even after the clarifications were provided on 07.05.2024, the order has not been implemented. The failure to act upon the Hon'ble Chief Justice's order dated 16.08.2023 and continued withholding of arrears, despite clear administrative approvals and constitutional sanction under Article 229, necessitates the present writ petition,” the plea states.
It has been stated that the action of Delhi's Lieutenant Governor in not approving or rejecting the recommendation of the Chief Justice and sitting over the recommendation is perverse.
The plea adds that such an action deprives the Petitioners and others from the benefit or advantage of drawing higher monthly remuneration for the hard work and long hours the Law Researchers put in during their course of attachment with the Judges.
Title: RUSHANT MALHOTRA & ORS v. THE GOVERNMENT OF NCT OF DELHI & ORS