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
- Whether the earlier compassionate protection in J.L. Koul established an entitlement to indefinite retention of government accommodation.
- Whether the 2017 scheme permitting retired Kashmiri migrant employees or their spouses to retain government housing satisfied Article 14.
- What transitional period and consequential directions should apply.
Provisions considered
- Article 14, Constitution of IndiaThe scheme allowing indefinite retention of government accommodation by retired Kashmiri migrant employees was struck down as arbitrary and discriminatory. (¶¶ 14, 15, 16)
- Article 142, Constitution of IndiaThe compassionate directions in J.L. Koul were treated as exceptional relief rather than a determination establishing a general legal entitlement for other retirees. (¶¶ 11, 12, 13)
Held
- J.L. Koul accepted a rehabilitation scheme and expressed a compassionate hope rather than deciding a question establishing the claimed entitlement. Parity with those specifically protected retirees did not justify perpetual occupation by the applicants. Compassion had to be balanced against serving officers awaiting government housing. (¶¶ 11, 12, 13)
- Government accommodation is intended for serving employees. Retirement benefits and migrant hardship did not justify indefinite retention under the 2017 scheme. The rejected foundation of the Delhi High Court directions and the arbitrary distinction required the Office Memorandum to be struck down. (¶¶ 14, 15, 16)
- Three years from retirement was allowed for Kashmiri migrant government employees to arrange alternatives. Former intelligence service did not justify indefinite retention; that period also afforded a transition to normal life. Transit accommodation or cash assistance in its place could be pursued as available under the rehabilitation arrangements. (¶¶ 17, 18)
- The applications were dismissed. The deceased respondent’s time to vacate was extended to 30 November 2021; the Union was directed to file an action-taken report by 15 December 2021 and could seek modification separately concerning the thirty-one retirees protected by J.L. Koul. Those were directions made in this 2021 order. (¶ 19)
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.