Government Accommodation – For retired Government employees who are Kashmiri Migrants – Propriety – Held: Government houses/flats are meant for serving Government employees – There cannot be any justification on the basis of social or economic criteria to allow the Kashmiri Migrants to stay in Government accommodation for indefinite long period – To say that they would return to the Valley when the situation will improve is an open-ended statement capable of being interpreted in different ways – The satisfaction of improvement of situation would be widely different by the erstwhile Government employees and the State – But in no case it can be countenanced that the former Government employee, may be a Kashmiri Migrant, is entitled to stay in a government accommodation for an indefinite period – Impugned Office Memorandum allowing government accommodation to retired Government employees who are Kashmiri Migrants cannot meet the touchstone of Art.14 of the Constitution, and accordingly struck down as being totally arbitrary and discriminatory. Union of India v. Vijay Mam 2012 SCC OnLine Del 3218 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.