Delhi High Court Questions Govt on Delaying Effective Date of Law Researchers' Pay Hike

New Delhi: The Delhi High Court on Tuesday took a firm stance against the Government of NCT of Delhi (GNCTD) for granting only prospective effect to the approved salary hike for its Law Researchers, questioning why the government did not implement the raise from the date recommended by the High Court's Chief Justice.

A division bench of Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta has directed the Additional Chief Secretary of the Finance Department, GNCTD, to file an affidavit explaining why the enhancement should not be effective from 1st October 2022, as originally proposed by the High Court.

Background of the Case

The writ petition, filed by Rushant Malhotra and other Law Researchers, sought the implementation of the recommended enhancement of their monthly remuneration. The High Court, through a committee decision dated 16th August 2023, approved by the Hon'ble Chief Justice, had recommended revising the remuneration from ₹65,000 to ₹80,000 per month, with retrospective effect from 1st October 2022.

Following an assurance given in court, the GNCTD's Council of Ministers approved the pay hike in its meeting on 2nd September 2025. However, the government made the enhancement effective from the date of the cabinet decision (2nd September 2025), not the retrospectively recommended date.

Arguments and Court's Observations

The counsel for the petitioners invoked Article 229 of the Constitution of India , which empowers the Chief Justice of a High Court to decide the terms and conditions of service for the court's officers and staff, with the state's approval required only for financial matters.

The government, represented by Mr. Reetesh Singh, Principal Secretary (Law, Justice & LA), submitted that while the pay hike was approved, the payment of arrears from October 2022 was not, due to objections from the Finance Department.

The Court, however, highlighted a previous instance where a similar pay enhancement for Law Researchers was implemented retrospectively. An order from 6th December 2023 in another case showed that the government had cleared arrears for previous hikes (from ₹35,000 to ₹50,000 and subsequently to ₹65,000) as per the High Court's recommendations.

In its order, the bench noted the discrepancy:

"...it is seen from the documents on record that the Committee of this Court, as also the Hon’ble Chief Justice, in the meeting dated 16th August, 2023, had approved the revision of remuneration of Law Researchers from Rs. 65,000/- to Rs. 80,000/- w.e.f. 1st October 2022. While the said enhancement has now been approved... the date from when the approval has been granted is 2nd September 2025..."

Related Procedural Matter

During the hearing, the Court also disposed of an application by Law Researchers from the Delhi Judicial Academy who sought to be impleaded in the current petition to claim their own remuneration arrears. The Court directed them to file a separate writ petition, as the subject matter of the present case was distinct.

Court's Final Order and Implications

Citing the constitutional provision and the past precedent, the High Court has put the onus on the GNCTD's Finance Department to justify its decision. The bench ordered:

"In view of the aforesaid, as also the previous precedent in mind, let the Additional Chief Secretary, Finance Department, GNCTD, file an affidavit as to why the decision of the Committee of this Court shall not be given effect from 1st October, 2022."

The matter is scheduled for its next hearing on 10th October 2025 , when the affidavit is expected to be on record. The outcome of this case will be significant in clarifying the extent of the executive's discretion in financial matters concerning High Court administration, particularly when pitted against the recommendations of the judiciary under Article 229.