By Lovisha Aggarwal | January 31, 2019
CASE: State of Bihar v. Dr. Sachindra Narayan
COURT: Supreme Court (decided on January 30, 2019)
LAW POINT: Legitimate expectation is one of the grounds of judicial review but unless a legal obligation exists, there cannot be any legitimate expectation. The legitimate expectation is not a wish or a desire or a hope, therefore, it cannot be claimed or demanded as a right. The payment of pension in the past will not confer an enforceable right in favour of the Institute or its employees.
HELD: The resolution of the Board of the Anugraha Narayan Sinha Institute of Social Studies to implement a retirement benefit scheme from its own resources will not bind the State Government to pay the amount of pension to the employees of the Institute. The employees of such Institute cannot be treated at par with the employees of the State Government nor the State can be burdened with the responsibility to pay pension to the employees of the Institute.
Read the complete Judgement here