The judgment establishes the principle that the retention of government accommodation and security cover by protected persons should be determined based on their threat perception and safety requirements, in line with the J&K Estates Department Regulations and Article 21 of the Constitution of India.

Hasnain Massodi, J.

1. Petitioners have filed their response to documents, submitted by respondents, including affidavit sworn by Deputy Director, Estates, and furnished copies to otherside. On previous date of hearing learned counsel for petitioner in OWP No. 545/2015, agreed to vacate government accommodation and withdraw writ petition in the event allotment of House No. 4, Friends Enclave, Airport Road, Srinagar, made in his favour in October 2014, for a period of six months, is extended at least by one year, so that petitioner shifts to allotted accommodation. Learned Advocate General was requested to respond to suggestion made. However, learned Deputy Advocate General appearing vice Advocate General, expresses his inability to extend any such assurance.

2. In opposition to petitioners' claim in OWP No. 440/2015 and OWP No. 406/2015, it is stated that petitioners have their own residential houses and therefore do not have a right to retain present accommodation. Petitioners have responded to stand taken by respondents and ECI returns filed in this regard, stating that either no such property is owned or even if owned, is not habitable because of recent floods.

3. Petitions involve identical issue and controversy by its very nature does not permit long drawn litigation. Learned Advocate General on previous date of hearing stated that respondents did not want to add or supplement their stand and are more interested in final disposal of petition. Learned counsel for petitioners are not averse to the course suggested. Petitions (OWP Nos. 545/2015; 440/2015; 406/2015; 527/2015; 678/2015; and 741/2015) are, therefore, admitted to hearing and on agreement, taken up for final disposal.

4. Heard and considered.

5. Petitioners in writ petitions on hand are former Cabinet Ministers, Parliament Members or Legislators. They have unsuccessfully contested Assembly Elections held in December 2014. While they held afore-stated positions, State Government allotted government accommodation to them in Srinagar and Jammu, to facilitate discharge of their official duties. However, after their failure to get re-elected, they are being asked to vacate government accommodation, so that Ministers, who replaced petitioners and elected legislators are allotted such accommodation.

6. Petitioners resist effort made by State Government to see them vacate their allotted government houses/apartments, on the grounds urged in petitions. They also oppose the Government decision to remove or reduce their security cover. On strength of averments made in their respective petitions, petitioners seek writ of mandamus, commanding respondents to allow them to retain allotted government accommodation and also security apparatus attached with them and in place as on date.

7. Respondents contest petitioners' claim on the ground that facilities whatever made available to petitioners, are linked to their status as Ministers, Parliament Members and Legislators and once petitioners have lost that status because of verdict in Assembly Elections, they automatically lost right to retain accommodation or even security cover, they had because of their status.

8. There is tendency all over Country on part of Ministers, Members of Parliament and even government servants to retain government accommodation and other facilities/amenities, even after they loose status that entitled them to such facilities, demit office or retire on superannuation. Such tendency has been frowned upon by Law Courts and resented by civil society and social activists, having interest in honesty, integrity and transparency in affairs related to public life. Once a legislator loses an election, right course for him is to gracefully vacate government accommodation and surrender facilities enjoyed by him, so that accommodation and other facilities go to newly elected legislator. Same is true about Members of Parliament, government servants and other public functionaries. Their retaining such facilities wo