2021 Supreme(SC) 717

SUPREME COURT OF INDIA
(From the High Court of Punjab & Haryana at Chandigarh)
HEMANT GUPTA, A.S. BOPANNA, JJ.
Union Of India & Anr - Appellants
Versus
Omkar Nath Dhar (D) Through L.Rs. – Respondents
Miscellaneous Application No. 1468 of 2021 In Civil Appeal No. 6619 of 2014, Miscellaneous Application No. 1556 of 2021, Miscellaneous Application No. 1573 of 2021
Decided on : 07-10-2021

IMPORTANT POINTS
(1) Right to retain government accommodation – Compassion shown to Kashmiri Migrants has to be balanced with expectations of serving officers to discharge their duties effectively.
(2) Compassion could not be extended in perpetuity and has to end some day or other.

Headnote:

Constitution of India – Article 14 – Right to retain government accommodation – Government accommodation is meant for serving officers and cannot be taken as a recourse to stay in Government accommodation for life time of Government servants or his/her spouse – Rehabilitation Package approved by this Court itself contemplated that Rupees One Lakh per family towards rental and incidental expenses would be given to those who may not be accommodated in transit accommodation – Office Memorandum issued on 28.3.2017, in terms of directions of High Court of Delhi, allowing government accommodation to retired Government employees who are Kashmiri Migrants cannot meet touchstone of Article 14 of Constitution of India – Post retirement, government employees including Kashmiri Migrants are granted pensionary benefits including monthly pension – Classification made in favour of Government employees who were Kashmiri Migrants stands on same footing as that of other Government employees or public figures – There cannot be any justification on the basis of social or economic criteria to allow Kashmiri Migrants to stay in Government accommodation for indefinite long period – To say that they would return to Valley when situation will improve is an open-ended statement capable of being interpreted in different ways – Satisfaction of improvement of situation would be widely different by erstwhile Government employees and State – But in no case it can be countenanced that former Government employee, may be a Kashmiri Migrant, is entitled to stay in a government accommodation for an indefinite period – Applicants are occupying government accommodation at cost of other Government servants who are waiting in queue for allotment of a government accommodation to discharge their official duties – Compassion shown to Kashmiri Migrants has to be balanced with expectations of serving officers to discharge their duties effectively – Compassion could not be extended in perpetuity and has to end some day or other – Applications dismissed. (Paras 13 to 19)

Facts of the case:

All these applications are filed by the applicants who are in possession of government accommodation in Delhi and/or National Capital Region in terms of policy framed by the Central Government on 28.3.2017 as modified on 19.5.2017. Clause 2(i) of the Scheme was restricted to grant of benefits to retired Kashmiri Migrants who were litigants in the cases decided by High Court of Delhi holding residential accommodation from General Pool. However, such conditions were modified on 19.5.2017 to clarify that the Office Memorandum dated 28.3.2017 is applicable equally to all retired Central Government employees belonging to the State of Jammu & Kashmir who are holding General Pool residential accommodation in Delhi, irrespective of whether they were litigants before the Delhi High Court.

Findings of Court:

Time granted to Respondent, since deceased, to vacate the premises is extended upto 30.11.2021. The action taken report by the Union shall be filed on or before 15.12.2021. The liberty is given to Union to file an application for modification of the order in respect of the 31 retirees as well who are covered by the judgment in J.L. Koul.

Result : Applications dismissed.