Special Leave Petition Dismissed; Legal Question Left Open for Future Consideration
In a significant ruling, the Supreme Court of India has dismissed the Special Leave Petition filed by the Government of the National Capital Territory (NCT) of Delhi, which contested the High Court's discretion in granting retrospective honorarium-cum-remuneration to Law Researchers. The judgment, delivered on February 16, 2026, by a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi, upheld the High Court's decision, finding no valid ground to interfere.
The petition was brought before the Supreme Court after the High Court granted retrospective honorarium to Law Researchers, a decision which the Delhi Government sought to challenge. The Supreme Court, after hearing the arguments presented by the legal representatives of the petitioner, including Advocates Ms. Swati Ghildiyal and Ms. Neha Singh, concluded that the High Court had exercised its discretion appropriately given the unique circumstances of the case.
The apex court's order stated, "In the peculiar facts and circumstances of this case, we do not find any valid ground to interfere with the discretion exercised by the High Court in granting retrospective honorarium-cum-remuneration to the Law Researchers." Consequently, the Special Leave Petition was dismissed, and any pending interlocutory applications were disposed of.
While the Supreme Court upheld the High Court's decision, it notably kept the broader legal question concerning retrospective honorarium open for future determination. This suggests that the issue might be revisited in a different context, should a suitable case arise.
Legal experts have welcomed the decision, viewing it as an affirmation of judicial discretion in matters of remuneration for Law Researchers. However, they also note that the unresolved question of law could lead to further legal exploration and development in subsequent cases.
This judgment highlights the judiciary's role in balancing equitable considerations with legal principles, particularly in employment and remuneration issues concerning legal professionals.
Bottom Line:
Special Leave Petition dismissed - Supreme Court upheld the High Court's discretion in granting retrospective honorarium-cum-remuneration to Law Researchers, but kept the question of law open for determination in an appropriate case.
Statutory provision(s): Special Leave Petition (Civil).
Government of NCT of Delhi v. Rushant Malhotra, (SC) : Law Finder Doc id # 2855899
