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Supreme Court of India 2022-04-29 allowed

Omkar Sinha & Anr vs Sahadat Khan & Ors

Bench: 2 — K.M. Joseph

In Brief

Two Forest Guards who stood first in their training claimed entitlement to Forester training under a 1977 government circular. The State later revoked the circular in 2012 after initially promising (in 2009) to grant additional increments instead—a decision made to prevent a threatened strike. The High Court held the 1977 order was revoked by earlier communications and dismissed the officers' claims. The Supreme Court allowed their appeal, holding that a Government Order can only be validly revoked by a formal order expressed in the Governor's name, not by mere communications. The Court found that the 1977 order was revoked only on 11 June 2012, and that the High Court wrongly based its decision on communications the parties had not even pleaded. The Court further held that a Government cannot unilaterally withdraw a promise made to prevent a strike without legal justification, as this violates fair dealing principles.",

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Administrative Law Judicial Review Constitutional Law (Article 14, 166) Government Orders Labour Law Forest Service Executive Action Procedural Law Estoppel

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