Delhi High Court orders retrospective enhancement of Law Researchers' remuneration

The Delhi High Court on Wednesday directed the Delhi government to implement the enhanced monthly remuneration for judges’ law researchers retrospectively from October 1, 2022, in accordance with the Chief Justice’s 2023 recommendation [Rushant Malhotra & Ors. Vs The Government of NCT of Delhi & Ors].The Division Bench of Justice Prathiba M.Singh and Justice Rajneesh Kumar Gupta overruled the government's September 8 decision to implement the enhanced remuneration only from September 2 this year."In principle, the Delhi Govt has already approved the enhancement. The date from when the enhancement should apply is clearly within the realm of the powers of the Chief Justice and High Court itself. The Court is of the opinion that the enhancement ought to come into effect as approved by the Chief Justice with effect from October 1, 2022," the Court said..Delhi's Department of Law, Justice, and Legislative Affairs earlier had approved the enhancement of remuneration given to law researchers attached with Delhi High Court judges from ₹65,000 to ₹80,000. However, the decision was made effective prospectively from September 2, 2025 onwards..The Court was hearing a petition 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.In August 2023, the then Chief Justice 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. The decision remained pending with the government for the last two years.The law researchers then moved the High Court for implementing the decision..Senior Advocate Ankit Jain, appearing for some law researchers, submitted that as per Article 229 of the Constitution, the Chief Justice would be the authority to prescribe the terms, conditions and nature of law researchers’ engagement.However, advocate Harshita Nathrani, appearing for Delhi government, submitted that when the decision was taken by the committee and by the Chief Justice, the budgetary considerations were not taken into account.However, the Court overruled the objection and directed retrospective implementation of the hike..In an earlier hearing, the Court had noted that on a previous occasion, the LRs' salaries were hiked retrospectively. It then asked the government to explain why it could not be done this time.Principal Secretary of the Department of Law, Justice, and Legislative Affairs, Reetesh Singh in response told the Court that the recommendation has been made prospectively due to objections by the Finance Department. .Senior Advocate Ankit Jain with advocates Abhishek Taneja, Aditya Chauhan, Sahil Sharma, Shashank Agarwal, Bhavya Khatreja and Surya Sirohi appeared for the law researchers. .[Read live coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.