Delhi High Court asks State why salary hike of law researchers not applied retrospectively

The Delhi High Court on Tuesday asked the Delhi government to explain the reason for its objection to retrospective payment of enhanced remuneration to law researchers (LRs) working with the judges of the High Court [Rushant Malhotra & Ors. Vs The Government of NCT of Delhi].

A Division Bench of Justices Prathiba M Singh and Justice Rajneesh Kumar Gupta noted that the Delhi High Court Chief Justice had approved the revision of the remuneration with effect from October 2022 onwards, but the Delhi Government has decided to pay the enhanced salaries only from September 2, 2025.

The Court stated that even on a previous occasion, LRs' salaries were hiked retrospectively.

"What is the reason you are not giving past dues? On a previous occasion also it was given retrospectively. How can you take a different position now?" the Bench asked.

Delhi government's Principal Secretary of the Department of Law, Justice, and Legislative Affairs, Reetesh Singh, told the Court that the recommendation has been made prospectively due to objections of the Finance Department.

"We put the proposal before the Cabinet but there was an objection filed by the Finance Department," he told the Court.

The Court stated that the petitioners have rightly relied on Article 229 of the Indian Constitution, which allows the Chief Justice of the High Court to decide the terms and conditions for engaging law researchers.

"Bearing the provision [Article 299 of the Constitution] and the previous precedent in mind, let an affidavit be filed by Additional Chief Secretary of the Finance Department under GNCTD," the Court directed.

The case will be next on October 10.

The High Court passed the order while dealing with a plea filed by 13 LRs attached to the offices of High Court judges between 2018 and 2025.

The petitioners sought the implementation of the Court's 2023 decision to increase the remuneration paid to law researchers.

The process to increase the LRs' salaries was set in motion in in September 2023 when the Joint Registrar of the Delhi High Court conveyed to the Delhi government the Delhi High Court Chief Justice's August 2023 decision to approve an increased remuneration of ₹80,000 for law researchers with effect from October 2022.

However, the matter remained pending with the government for two years.

The law researchers then moved the High Court seeking directions to implement the decision.

During the last hearing of the matter on August 21, the Delhi Government assured the Court that the matter was pending before a competent authority and a positive decision would be taken within ten days.

In line with the assurance, the government on September 8 approved the enhancement of remuneration given to law researchers attached with Delhi High Court judges from ₹65,000 to ₹80,000.

However, the enhanced amount would be applicable only from September 2, 2025, onwards.

This led to objections by the petitioners today which the Court found prima facie substantiated and sought the government's response.

Advocates Aditya Chauhan and Abhishek Taneja appeared for the law researchers.

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