VidhiSangh

Supreme Court of India · 07/10/2021

UNION OF INDIA & ANR versus OMKAR NATH DHAR (D) THROUGH L.RS.

[2021] 6 S.C.R. 1056 · 2021 INSC 633

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Summary

The Court rejected applications seeking recall or modification of its earlier order concerning retired Kashmiri migrant employees retaining government housing. It struck down the scheme permitting indefinite retention as arbitrary and discriminatory, balancing compassion against serving employees awaiting accommodation. It permitted retention for up to three years from retirement to arrange alternatives, including for former intelligence officers. The deceased respondent’s time to vacate was extended to 30 November 2021, while modification concerning the separate retirees protected in J.L. Koul was left for an application by the Union.

Issues

  1. Whether the earlier compassionate protection in J.L. Koul established an entitlement to indefinite retention of government accommodation.
  2. Whether the 2017 scheme permitting retired Kashmiri migrant employees or their spouses to retain government housing satisfied Article 14.
  3. What transitional period and consequential directions should apply.

Provisions considered

Held

Result

Applications dismissed and the indefinite-retention Office Memorandum struck down. Retention limited to three years from retirement, with the stated extension and reporting directions; Union permitted to seek modification concerning the J.L. Koul retirees.

Judgment PDF: Supreme Court of India, [2021] 6 S.C.R. 1056.