Gurudatta Infrastructures Through ... vs The State Of Maharashtra And Others on 18 December, 2019
Bench
GREAT EXPECTATIONS -- BUT ARE THEY
LEGITIMATE?..........................................................32
I General Principles.......................................................32
II Legitimate Expectations in Indian law.........................37
J. CONCLUSIONS & FINAL ORDER ... THEY LEGITIMATE?
I General Principles
26. Both sets of petitioners have urged that the impugned
Notification violates the principle of 'legitimate expectations
Gurudatta Infrastructures Through ... vs The State Of Maharashtra And Others on 18 December, 2019
Bench
GREAT EXPECTATIONS -- BUT ARE THEY
LEGITIMATE?..........................................................32
I General Principles.......................................................32
II Legitimate Expectations in Indian law.........................37
J. CONCLUSIONS & FINAL ORDER ... THEY LEGITIMATE?
I General Principles
26. Both sets of petitioners have urged that the impugned
Notification violates the principle of 'legitimate expectations
Gurudatta Infrastructures Through ... vs The State Of Maharashtra And Others on 18 December, 2019
Equivalent
necessity to consider and give due weight to
the reasonable or legitimate expectations of the
person likely to be affected in contractual sphere and
held ... expectation is a relevant
factor requiring due consideration in a fair
decision-making process. Whether the expectation
of the claimant is reasonable or legitimate
forthwith. Heard
finally by consent.
2. This is a case wherein legitimate expectations as well as
rights created by operation of the doctrine of promissory ... taken away by the respondents, by
operation of the principles of legitimate expectations and
promissory estoppel.
12. In the order dated 21.7.2016 rendered in Writ
respondents
argued that on the basis of the doctrine of legitimate
expectation, the employees, especially of the Commercial
Taxes Department, should be directed ... permitted by the decision-maker to enjoy and
which he can legitimately expect to be permitted to continue
to do until there have been communicated
contractual in nature. Such a person cannot invoke the
theory of legitimate expectation for being confirmed in the
post when an appointment to the post ... consultation with the Public Service
Commission. Therefore, the theory of legitimate expectation
cannot be successfully advanced by temporary, contractual
or casual employees. It cannot also
applicability on the principle of promissory estoppel, doctrine of
legitimate expectation, and fairness and non-arbitrariness demanded
in State action in terms of Article ... employees."
32. The Petitioners cannot avail of the doctrine of legitimate
expectation either, for there is a over-riding public interest