NDLI: Kerala State Beverages (m and M) Corporation Limited Vs. P.p. Suresh & Ors, Etc. Etc. & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Rehabilitation of displaced workers Policy decision Administrative Law Legitimate Expectation
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Administrative Law: Policy decision – Rehabilitation of displaced workers – On facts, ban on sale of arrack in the State – Arrack workers deprived of their livelihood – Government did not give re-employment – Workers then sought rehabilitation – Issuance of Government order to provide employment to displaced abkari workers, adjusting them against 25% of the daily wage vacancies that would arise in the Corporation – Thereafter, alteration in the criteria for rehabilitation of arrack workers and issuance of Government order directing to earmark the vacancies for dependent sons of arrack workers who perished consequent to loss of employment – Arrack workers filed writ petition seeking implementation of the first government order – Single Judge of the High Court directed the State Government to implement the first government order – Division Bench upheld the order – On appeal, held: There was no assurance given to all the displaced abkari workers that they would be re-employed – Assurance given by the Government was to reserve 25% of daily wage vacancies that would arise in future for the displaced abkari workers – Thus, no vested right accrued to all the abkari workers to claim employment – Further, it came to the notice of the Government that several displaced abkari workers perished after 1996 and their families had to be provided immediate succor, as a result the Government modified the policy decision due to administrative exigencies – Said decision cannot be termed as unreasonable or arbitrary as it was taken in light of overriding public interest and has to be given due weight – Thus, the expectation of the respondents for consideration against the 25 % of the future vacancies in daily wage workers in the Corporation is not legitimate – Promise held out by the Government to provide employment to the displaced Abkari workers had become an impossible task in view of the non-availability of vacancies in the Corporation – Impairment of the fundamental rights of the respondents due to the change in policy cannot be said to be excessive – Change in policy is not disproportionate – Thus, the order passed by the High Court set aside.Legitimate Expectation – Principle of substantive legitimate expectation – Principle of procedural legitimate expectation – Application of – Stated. Administrative Decision – Review of – Application of test of proportionality – Stated.
Judge	Hon'ble Mr. Justice L. Nageswara Rao
Neutral Citation	2019 INSC 1129
Petitioner	Kerala State Beverages (m And M) Corporation Limited
Respondent	P.p. Suresh & Ors, Etc. Etc. & Ors.
SCR	[2019] 17 S.C.R. 164
Judgement Date	2019-10-04
Case Number	7804

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Kerala State Beverages (m and M) Corporation Limited Vs. P.p. Suresh & Ors, Etc. Etc. & Ors.

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