NEW DELHI: The Supreme Court on Monday dismissed the Delhi government’s appeal against a Delhi High Court order that directed retrospective payment of enhanced remuneration to law researchers attached to the High Court.
“There is no merit in the appeal filed by the Delhi government. Sorry, we are not passing any order,” said a three-judge bench of the apex court, headed by Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi.
While upholding the Delhi High Court order, the bench of the top court observed, “Why should the youngsters suffer because of the delay by the government?” It was hearing an appeal filed by the Delhi government contending that the directions passed by the HC relate to salaries and allowances and would require the approval of the governor under Article 229(2) of the Constitution.
The Delhi government in the top court submitted that the retrospective application of the orders would put the state exchequer under unbudgeted liability, imposing an additional financial liability of Rs 9.45 crore.
The apex court eventually refused to entertain the appeal of the Delhi government. The government also contended that if the effective date of enhancement is treated as lying exclusively within the domain of the Chief Justice, the constitutional requirement of approval would be rendered meaningless.
It further argued that the Delhi High Court failed to consider settled Supreme Court precedents holding that financial constraints and fiscal planning are valid grounds for fixing prospective cut-off dates for implementation of service benefits.
It is to be noted that the HC had hiked the monthly salary of law researchers from Rs 65,000 to Rs 80,000, with effect from October 2022. The HC had, in October last year, ordered retrospective payment of enhanced remuneration of Rs 80,000 per month—from Rs 65,000—to its law researchers with effect from October 01, 2022.
The High Court’s two-judge bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta disposed of the plea seeking to enhance the monthly remuneration to Rs 80,000. Challenging this order, the Delhi government moved the apex court seeking relief.