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Delhi High Court Questions Delhi Govt Over Delay in Retrospective Salary Hike for Law Researchers

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The Delhi High Court asked the state to explain why law researchers’ pay hike is only from 2025 despite earlier approval from October 2022. Judges reminded the govt that past hikes were also given retrospectively.

Delhi High Court Questions Delhi Govt Over Delay in Retrospective Salary Hike for Law Researchers
Delhi High Court Questions Delhi Govt Over Delay in Retrospective Salary Hike for Law Researchers

New Delhi: The Delhi High Court on Tuesday asked the Delhi government to explain why it was objecting to giving retrospective payment of higher salaries to law researchers (LRs) working with the judges of the court.

A Division Bench of Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta pointed out that the Chief Justice of the Delhi High Court had already approved the increase in remuneration for law researchers from October 2022 onwards.

However, the Delhi government has said that the revised salaries will only be paid from September 2, 2025.

The judges expressed concern and reminded the government that in the past, such salary hikes had been given with retrospective effect.

The Bench remarked:

“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?”

In response, Delhi government’s Principal Secretary of the Department of Law, Justice and Legislative Affairs, Reetesh Singh, informed the Court that the Finance Department had raised objections.

He said:

“We put the proposal before the Cabinet but there was an objection filed by the Finance Department.”

The Court noted that the petitioners have rightly relied on Article 229 of the Constitution of India, which gives the Chief Justice of the High Court the authority to decide the service conditions of law researchers.

The Bench observed:

“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 Bench fixed the next hearing for October 10.

The case arises from a petition filed by 13 law researchers who worked with judges of the Delhi High Court between 2018 and 2025. They sought the implementation of the High Court’s decision taken in 2023 to raise their salaries.

The process for salary revision began in September 2023 when the Joint Registrar of the High Court informed the Delhi government about the Chief Justice’s approval of an enhanced remuneration of ₹80,000 per month with effect from October 2022.

Despite this, the matter remained pending before the government for two years. As a result, the law researchers approached the High Court demanding enforcement of the decision.

During an earlier hearing on August 21, the Delhi government had assured the Court that the matter was under active consideration and a positive decision would be made within ten days.

Following this assurance, on September 8 the government approved an increase in the remuneration of law researchers from Rs 65,000 to Rs 80,000 per month.

However, the government made the enhanced pay applicable only from September 2, 2025. This delay led to objections from the petitioners, which the Court on Tuesday found to be prima facie justified. The Bench has now sought a detailed reply from the government.

Advocates Aditya Chauhan and Abhishek Taneja appeared on behalf of the petitioners.

Case Title:
Rushant Malhotra & Ors. Vs The Government of NCT of Delhi

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