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Supreme Court of India 2019-01-30 allowed

State of Bihar & Anr vs Sachindra Narayan & Ors

Bench: 2 — Hemant Gupta

In Brief

The Supreme Court upheld the dismissal of a writ petition filed by employees of the Anugraha Narayan Sinha Institute of Social Studies seeking pension arrears and current pension from the State Government. The Court held that a 1985 Board resolution to implement a retirement scheme from the Institute's own resources cannot bind the State to pay pensions. Discretionary State grants provided in certain years do not create legal obligation or enforceable right. Legitimate expectation, being unsupported by statute or prior binding commitment, remains merely a hope and cannot be claimed as a right. Employees of autonomous institutes cannot be treated as State employees, and mandamus cannot compel the State to bear obligations not mandated by law.

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Constitutional Law Administrative Law Legitimate Expectation Mandamus Pension Educational Institutions State Liability

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