Case Note & Summary
The Supreme Court addressed three miscellaneous applications concerning the retention of government accommodation by Kashmiri migrants, following a previous order dated 5.8.2021. The applications were filed by occupants of government housing in Delhi and the National Capital Region, based on a policy established by the Central Government for retired employees from Jammu & Kashmir. The court noted that the respondent, Omkar Nath Dhar, had passed away prior to the proceedings, and the applications sought to recall the earlier judgment due to the lack of substitution for the deceased's legal representatives. The court examined the rehabilitation scheme formulated for Kashmiri migrants, which outlined specific terms for qualifying as a 'Kashmiri migrant' and the conditions under which they could retain government accommodation. The applicants argued that they faced unique hardships as victims of terrorism and sought similar protections as previously granted to other Kashmiri migrants. However, the court highlighted that the government had already provided various benefits to these migrants, including financial assistance and job opportunities, particularly after the abrogation of Article 370. The court ultimately dismissed the applications, reaffirming that government accommodation is intended for serving employees and cannot be retained indefinitely by retired individuals. It established a three-year limit for retention of such accommodation, allowing for alternative arrangements to be made. The court extended the deadline for the deceased respondent to vacate the premises until 30.11.2021, with a report on actions taken to be submitted by the Union by 15.12.2021.
Headnote
A) Constitutional Law - Article 14 - Discrimination in Government Accommodation - Constitution of India, Article 14 - The court held that the classification made in favor of Kashmiri Migrants for retention of government accommodation was arbitrary and discriminatory, as government accommodation is meant for serving employees and not for indefinite retention by retired employees. The court emphasized that post-retirement benefits, including pensions, are sufficient and that the situation cannot justify indefinite occupancy of government housing (Paras 15-16). B) Administrative Law - Rehabilitation Scheme - Time Limit for Retention - Not mentioned - The court found it reasonable to allow Kashmiri Migrants to retain government accommodation for a maximum of three years post-retirement, after which they must seek alternative arrangements. This period serves as a cooling-off phase for those previously engaged in sensitive roles (Paras 17-18).
Issue of Consideration
Whether the applicants, being Kashmiri migrants, are entitled to retain government accommodation beyond the stipulated period.
Final Decision
The court dismissed the applications, affirming that government accommodation is for serving employees and cannot be retained indefinitely by retired employees. It established a three-year limit for retention post-retirement and extended the deadline for the deceased respondent to vacate until 30.11.2021.
Law Points
- Government accommodation
- Kashmiri migrants
- rehabilitation scheme
- Article 14
- eviction
- public premises
- compassionate grounds
