Supreme Court Upholds Retrospective Pay Hike for Delhi High Court Law Researchers

The Supreme Court of India has dismissed the appeal filed by the Delhi government against a Delhi High Court order that granted retrospective salary hike to law researchers working with the High Court.

A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi upheld the decision to increase the monthly remuneration of law researchers from ₹65,000 to ₹80,000 with effect from October 1, 2022.

Background of the Dispute

The issue began in August 2023 when a committee of judges of the Delhi High Court approved a proposal to enhance the remuneration of law researchers. The proposal, cleared by the Chief Justice of the High Court, was forwarded to the Delhi government for approval.

Although the government approved the hike on September 3, 2025, it decided to implement the increased pay only prospectively, that is, from September 2, 2025.

However, some law researchers approached the High Court through a writ petition, seeking payment of the enhanced amount from October 1, 2022 — the date originally approved by the judges’ committee.

The High Court ruled in their favour and directed the government to pay the increased salary retrospectively, along with arrears.

Government’s Argument

The Delhi government challenged this order before the Supreme Court.

It argued that under Article 229(2) of the Constitution, while the Chief Justice has the authority to frame rules regarding service conditions of High Court staff, any decision relating to salaries and allowances requires approval of the Governor.

Since the payment comes from the Consolidated Fund of the State, the government said that financial approval is not a mere formality. It also stressed that fixing a retrospective date increases the total arrears and directly affects the State’s finances.

According to the government, implementing the hike from October 2022 would impose an additional burden of approximately ₹9.45 crore on the State exchequer. It further argued that financial constraints and fiscal planning are valid reasons for granting benefits only prospectively.

The plea was filed through advocate Swati Ghildiyal.

Supreme Court’s Stand

After hearing the matter, the Supreme Court refused to interfere with the High Court’s order and dismissed the government’s appeal. As a result, the retrospective pay hike stands, and the law researchers will receive the enhanced salary from October 1, 2022, along with arrears.

This decision reinforces the High Court’s authority in matters concerning its staff and clarifies the scope of financial approval in such cases.