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SINDHU SHARMA
Indar Krishan Raina – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Sindhu Sharma, J.
The petitioners are retired employees of State Bank of India. petitioner No. 1 has retired as Chief Manager on 31.05.2016, whereas petitioner No. 2 as Manager on 30.04.2018 and petitioner No. 3 as Deputy Manager on 30.09.2016. As employees of the Bank, while they were in service, the petitioners were allotted residential accommodation by the Bank. Petitioner No. 1 was allotted Flat No. 16, petitioner Nos. 2 and 3 were allotted flat Nos. 13 and 7 respectively in the SBI Officers’ Flats, Rajinder Nagar, Phase-I Jammu at a nominal monthly rent of Rs. 157/- and Rs. 113/- per month respectively.
2. The grievance of the petitioners is that the respondent Nos. 2 to 6 in order to oust them have illegally started charging rent at commercial rate from their pension accounts on account of retention of flats by them.
3. The contention of the petitioners is that they are migrants and have suffered the calamity which struck in 1990, due to which the minority community of the Kashmiri Pandit migrated from the Kashmir Valley to Jammu and various other States. A large number of people from the minority community including State and Central Government Employees migrated f
Point of Law : retention of the official accommodation - petitioners being ineligible under the Office Memorandum cannot rely on order.
Point of Law : retention of the official accommodation - petitioners being ineligible under the Office Memorandum cannot rely on order.
Eligibility for government accommodation retention requires compliance with specific transfer conditions; court upheld eviction of Kashmiri Migrants not meeting these criteria, affirming equal treatm....
Point of law: Framing a Scheme, under which the petitioner is not eligible, the plea that similar directions need to be issued to Airports Authority of India, is unmerited and is rejected.
(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 coul....
The court held that a retired employee claiming retention of government accommodation as a Kashmiri migrant failed to meet eligibility due to ownership of alternative property, highlighting strict ad....
The right to shelter under Article 21 does not entitle retired government employees to retain government accommodation, as such housing is intended for active service personnel only.
: A public servant committing a criminal offence of trespassing in Government property is liable to be dealt with sternly.
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