Justice Navin Chawla of Delhi High Court on Wednesday recused from hearing the plea filed by thirteen legal researchers - attached to offices of High Court judges between 2018 and 2025 - seeking implementation of a decision to increase their monthly remuneration [Rushant Malhotra & Ors. Vs The Government of NCT of Delhi & Ors].
Justice Chawla said that the matter will have to be heard by another Bench due to conflict of interest.
"This has to go before another bench," he said while recusing from the matter.
Justice Chawla is the second judge to recuse from the case. Earlier, Justice Ajay Digpaul had recused from the case on May 29 since his extended family member had been a law researcher at the High Court.
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.
“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.
The plea alleges that 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.