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 Heman 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.
Compassion for Kashmiri migrants must be weighed against serving officers’ expectations of performing their duties properly. Government housing is only available to serving officers and cannot be used as a means of staying in Government housing for the rest of one’s life. We believe that the Office Memorandum enabling retired government employees who are Kashmiri Migrants to live in government housing does not fit the criteria set forth in Article 14 of the Indian Constitution. The purpose of the Government houses/flats is to accommodate Government personnel. Government personnel, including Kashmiri migrants, are entitled to pension benefits after retirement, including a monthly stipend.
The categorization accorded to Government personnel who are Kashmiri Migrants is on par with that accorded to other Government employees or public figures. Allowing Kashmiri migrants to stay in government housing for an indefinite period of time cannot be justified on the basis of social or economic factors.
According to Paragraph 2(ii) of the Scheme, Kashmiri Pandits were to be housed in Delhi for the first five years following their retirement and then relocated to the National Capital Region.
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.