Delhi High Court Orders Retrospective Payment Of Enhanced Remuneration To Law Researchers With Effect From October 01, 2022

The Delhi High Court on Wednesday ordered retrospective payment of enhanced remuneration of Rs. 80,000 per month to its law researchers with effect from October 01, 2022.

A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta disposed of 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.

“Accordingly, it is held that the enhancement would be payable to the law researchers who were engaged by this Court with effect from October 01, 2022. No further orders are called for in this petition. Petition is disposed of,” the Court ordered.

The petition was 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 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 stated 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 was alleged that such an order was not implemented.

Earlier, the Court had 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.

Pursuant to the said order, an affidavit was filed by the Additional Chief Secretary, Department of Finance, Delhi Government indicating various steps taken for approval of the proposal sent by the Chief Justice.

Perusing the affidavit, the Court today noted that the stand of the Delhi Government is that the final decision in the matter rested with the Council of Ministers and the same will be taken up after due deliberation.

The counsel appearing for the petitioners placed reliance on Article 229 of the Constitution of India and the Supreme Court ruling in Supreme Court Employees Welfare Association v. Union of India 1989.

He submitted that the High Court Chief Justice would be the authority who would prescribe the conditions and terms and nature of engagement of the law researchers. He placed reliance on previous occasion when such enhancement was made and same was accepted by the Delhi Government in terms of the High Court's decision.

It was his contention that non approval of enhancement in terms of the minutes approved by the Chief Justice with effect from October 01, 2022, would not be right.

The counsel appearing for Delhi Government's finance department said that when the decision was taken by the Administrative Committee of the High Court and the Chief Justice, the budgetary considerations may not have been taken into account.

Granting relief to the petitioners, the Bench said that a perusal of the Supreme Court ruling as relied upon would show that unless there is a very good reason, the approval would always be granted by the government. If there was no reason to approve the same, there has to be engagement in that regard, it said.

“In the present case, what is noticeable is the fact that the scheme itself provides that the scheme of engagement of Law Researchers has itself been framed under Article 229 of the Constitution. In principle, in fact, the Delhi Government clearly has no objection in the enhancement of remuneration. The only issue appears to be the date from when the remuneration should be enhanced,” the Court said.

It added that the decision of the administrative committee of the High Court was for approval of remuneration with effect from October 01, 2022, which was also approved by the Chief Justice when it was communicated to the government.

“In the decision which has been placed on record by the deputy secretary, judicial, the cabinet decision does not give any reason as to why the same is being approved only with effect from September 02, 2025, and not before. In principle, the Delhi Government has already approved the enhancement and the date from when the same enhancement should apply is clearly within the realm and powers of the Chief Justice and the High Court,” the Court said.

“Since there are no reasons communicated or given and going to the scheme, this Court is of the opinion that the enhancement ought to come into effect as approved by the Chief Justice with effect from October 01, 2022. Let the directions be given effect to,” it added.

Title: RUSHANT MALHOTRA & ORS v. THE GOVERNMENT OF NCT OF DELHI & ORS