News-Bulletin

Allowing ‘Kashmiri Migrant’ Retired Government Employees To Retain Government Housing For An Indefinite Period Of Time Is Unconstitutional: Supreme Court

According to the Supreme Court, a government employee who is a Kashmiri Migrant cannot stay in government housing for more than three years.

The Office Memorandum permitting retired Government employees who are Kashmiri Migrants to maintain Government housing for an indefinite amount of time is unlawful, according to the Court, because it is utterly arbitrary and discriminatory.

According to the bench of Justices Hemant Gupta and AS Bopanna, there can be no justification on the basis of social or economic factors for allowing Kashmiri migrants to stay in government housing for an indefinite period of time.

In this instance, the court was reviewing a slew of various motions attempting to overturn some of the court’s decisions. The court took notice of an office memorandum permitting retired government employees who are Kashmiri migrants to stay in government housing. The court made the following observations in this regard:

Classification Discriminatory

Compassion for Kashmiri migrants must be weighed against the need for serving officers to do their duties successfully. Government housing is intended for serving officers and cannot be used as a means of staying in Government housing for the rest of one’s life or that of one’s spouse. We believe that the Office Memorandum permitting retired government employees who are Kashmiri Migrants to stay in government housing does not meet the requirements of Article 14 of the Indian Constitution. Government residences and flats are for the use of government employees.

Total Arbitrary and Discriminatory

Compassion for Kashmiri migrants must be weighed against the need for serving officers to do their duties successfully. Government housing is intended for serving officers and cannot be used as a means of staying in Government housing for the rest of one’s life or that of one’s spouse. We believe that the Office Memorandum permitting retired government employees who are Kashmiri Migrants to stay in government housing does not meet the requirements of Article 14 of the Indian Constitution. Government residences and flats are for the use of government employees.

Cooling Off Period

The three-year period can also be viewed as a cooling-off period for officers who were previously involved in active intelligence work, allowing them to return to normal life. However, the excuse of previously working for an intelligence agency is not a valid reason to remain in Government housing indefinitely.

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