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There Cannot Be Any Legitimate Expectation Unless A Legal Obligation Exists

In CIVIL APPEAL NO. 884 OF 2019, The State of Bihar & Anr. .vs Dr. Sachindra Narayan & Ors., suit was decreed in favour of the appellants wherein it was contended that as the State Government had provided funds for payment of pension for the last many years, the Anugraha Narayan Sinha Institute of Social Studies, Patna and the employees of the Institute have legitimate expectations to receive the amount of pension.

The Supreme Court reversing the decision of the High Court held that the Doctrine of legitimate expectation states that legitimate expectation can be 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 bench observed that legitimacy of an expectation can be inferred only if it is founded on the sanction of law or custom or an established procedure followed in regular and natural sequence. It said that payment of pension in the past will not confer an enforceable right in favour of the Institute or its employees.

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