Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the petitioner was entitled to grant-in-aid at 100 per cent under the original Government order dated 18 July 1989, and whether the subsequent amendment reducing the benefit to 75 per cent could be applied to the petitioner's case.
Analysis: The petitioner had applied within the period contemplated by the original incentive scheme and had acted on the representation held out by the State. The benefit under the scheme was linked to the date of application for approval and the steps taken pursuant to the original Government order. The later amendment could not defeat a claim already founded on the original promise where the petitioner had proceeded in accordance with the scheme. The matter was treated as covered by earlier Division Bench rulings applying the principle of promissory estoppel to the same incentive scheme.
Conclusion: The amended Government order reducing the benefit to 75 per cent was held inapplicable to the petitioner, and the petitioner was held entitled to the benefit of the original 100 per cent grant-in-aid.
Final Conclusion: The impugned order was quashed and the authority was required to reconsider the claim in the light of the original incentive scheme, with consequential financial relief for the balance rebate if 75 per cent had already been granted.
Ratio Decidendi: Where a party has acted on a governmental incentive scheme within the stipulated time and satisfied the scheme requirements, a subsequent amendment reducing the promised benefit cannot be applied to defeat the accrued entitlement.