The Delhi High Court on Tuesday sought the response of the Delhi government to a plea filed by thirteen legal researchers - attached to offices of High Court judges between 2018 and 2025 - seeking implementation of a 2023 decision to increase their monthly remuneration [Rushant Malhotra & Ors. Vs The Government of NCT of Delhi & Ors].
A Bench of Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta said that law researchers play an important role in the justice dispensation system.
"They are required to stay late hours and render services even on weekend. Prima facie, the Delhi government should take a decision," the Court opined.
The Court further noted that the remuneration of law researchers was increased to ₹80,000 by the Chief Justice in 2023 and approved by Delhi High Court but the same has not been implemented yet by the government.
Hence, the Bench issued notice to the government and sought its response.
"Issue notice to the respondents. Short affidavit is to be filed," the Court said.
The matter will be heard next on August 21.
Earlier, two judges, Justices Navin Chawla and Ajay Digpaul, had recused from the matter citing conflict of interest.
In August 2023, the then Chief Justice of the High Court had approved the recommendation to raise the monthly renumeration of law researchers from ₹65,000 to ₹80,000 with effect from October 1, 2022.
Thereafter, in September 2023, the Joint Registrar of the Delhi High Court conveyed the decision to the Delhi government.
According to the plea, the decision is still pending with the government.
The petition has been filed by Rushant Malhotra and others.
The petitioners have sought directions for implementation of the Chief Justice’s decision with effect from October 1, 2022 along with arrears and interest at 18% per annum till the realization of the amounts.
As per the plea,
“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.”
According to the petitioners, the Delhi government has arbitrarily chosen not to clear the decision of the Delhi High Court.
Senior Advocate Ankit Jain with advocates Abhishek Taneja, Aditya Chauhan, Sahil Sharma, Shashank Agarwal, Bhavya Khatreja and Surya Sirohi appeared for the petitioners.
Senior Panel Counsel Avshreya Pratap Singh Rudy with advocate Amit Gupta appeared for Delhi Government.
Standing Counsel Radhika Bishwajit Dubey with advocates Gurleen Kaur Waraich and Kritarth Upadhyay appeared for the Delhi High Court.