Govt withdraws the scheme of alternate accomodation to pensioners from J&K

The Central Government has issued an order whereby the scheme of providing alternate residence to retired Central Government employees, belonging to State of Jammu & Kashmir at Delhi, who were possessing General Poo! Residential Accommodation in Delhi. A Supreme Court judgement was the basis for the decision.

The Supreme Court had in October ruled that a retired government employee who is a Kashmiri migrant is not allowed to maintain government housing in Delhi, the National Capital Region, or anyplace else in the country for more than three years. The top court stated that the three-year period can be used as a cooling-off period for officers who were engaged in active intelligence work so that they can return to normal life, but that the excuse of previously working for an intelligence agency is not valid reason to occupy government housing indefinitely.

Government houses and flats, according to the court, are intended for servicing government officials. Government pensioners, including Kashmiri migrants, are entitled to pension benefits after retirement, including a monthly pension.

Based on these notings the government has totally quashed the scheme.  As per the order, the retired Government employees, belonging to the state of Jammu & Kashmir, who are in possession of General Poo! Residential Accommodation in Delhi has to vacate the same by November 39 2021.

The order is as reproduced below.

No.11013/D/10/2015-Pol./436
(Comp. No. 3130799)
Government of India
Ministry of Housing & Urban Affairs
Directorate of Estates
(Policy Division)

Nirman Bhawan, New Delhi-110011
Dated, the 20th October 2021

OFFICE MEMORANDUM

Subject: Withdrawal of the Scheme dated 28.03.2017 for providing alternate accommodation in Delhi to retired Central Govt. employees belonging to the State ‘ of Jammu & Kashmir.
The undersigned is directed to say that in compliance of the directions of Hon’ble Delhi High Court’s Order dated 01.06.2012 in the case of UO! & Ors Vs. Vijay Mam in LPA No.332/2011, this Directorate had formulated a Policy for Kashmiri Migrant Scheme vide its OM. No.11013/D/10/2015-Pol.! dated 28.03.2017 for providing alternate residence to retired Government employees, belonging to State of Jammu & Kashmir, who were possessing General Poo! Residential Accommodation in Delhi.

2. Recently, while deciding the Civil Appeal No.6619/2014 in the matter of Union of India & Anr. Vs. Omkar Nath Dhar, the Hon’ble Supreme Court has, vide its Judgement dated 07.10.2021 held that “the Office Memorandum issued on 28.03.2017 was in terms of the directions of the High Court of Delhi. Such order of High Court has not been approved by this Court vide its Order dated 05.08.2021. Therefore, the entire basis of issuance of Office Memorandum falls flat as the very foundation of such Scheme stands knocked down.” The Hon’ble Supreme Court has struck down the said OM as being totally arbitrary and discriminatory.

3. In compliance of Hon’ble Supreme Court Order dated 07.10.2021, the Kashmiri Migrant Scheme issued vide OM dated 28.03.2017, 19.05.2017, and 10.11.2017. stands withdrawn with immediate effect. The allottees (Kashmiri Migrants) who are in occupation of GPRA after retirement are granted time to vacate the premises (GPRA) by 30th November 2021.

Sd/-
(M C Sonowal)
Deputy Director of Estates(Policy)
Tel. No.011-23062505