OROP Case: Doctrine of Legitimate Expectation Can’t Be Invoked Based On Minister’s Statement & Parliamentary Committee Report – Supreme Court
Case: Indian Ex-Servicemen Movement And Ors. v. Union of India And Ors.
Coram: Justices D.Y. Chandrachud, Surya Kant and Vikram Nath
Case No.: Writ Petition (Civil) No. 419 of 2016
Court Observation: “The doctrine of legitimate expectations can be invoked if a representation made by a public body leads an individual to believe that they would be a recipient of a substantive benefit. doctrine of legitimate expectations, a public law concept, is premised on the principles of fairness and non-arbitrariness in state action. The doctrine of legitimate expectations emerges as a facet of Article 14 of the Constitution.”
“…The communication dated 7 November 2015 cannot, therefore, be assailed on the ground that it is contrary to the original intent of the policy formulated by the Union Government. The policy of the Union Government is what is embodied in the communication dated 7 November 2015. The statements made on the Floor of the House and minutes of ministerial committees are pointers to the fact that the Union Government had in principle decided to implement OROP but the precise framework of its implementation was a matter of evolving discussion within Government. The formulation of modalities which took place in the communication dated 7 November 2015 represents the policy choices adopted by the Government.”
Previous Posts
Delhi High Court Rejects Britannia Plea Of Trademark Infringement Against ITC Sunfeast Digestive Biscuits Download Judgement
