UNION OF INDIA & ORS. Vs. VIJAY MAM

JUDGEMENT

(1.) ALL these appeals, 24 in number, arise out of a common judgment and order dated 30th November, 2010 passed by the learned Single Judge disposing of as many petitions. The said judgment is rendered in the writ petitions which were filed by the respondents herein. All these respondents are Kashmiri Pandits with their permanent residence in the State of Jammu and Kashmir. They were employees of the Central Government and most of them were posted in Kashmir. However, due to the turbulence in that State resulting in putting their lives in danger, they were transferred to Delhi. In fact, most of these respondents were representing the intelligence agencies, paramilitary and defence forces as well as the Government media and had become the prime target of militants. So much so, list of such persons who had to be targeted was published and circulated in the localities. Many family members and friends of such Government employees were killed and their properties destroyed for the message to permeate. It was in these conditions when the safety and security of these respondents and their families was in great jeopardy in Kashmir, that the Government/appellant decided to transfer them to Delhi on emergency basis in order to protect their lives. On their transfer and posting in Delhi, they were provided Government accommodation. They had right to continue in the Government accommodation till the time of their retirement. All of them have since retired. However, as the conditions prevailing in Kashmir are still not conducive enough to ensure safe return of these respondents back to their native places where they are having their own residences, they are forced to stay in Delhi. In Delhi they do not have their own houses. For this reason, these respondents want to continue in the Government houses allotted to them. Their submission is that under the circumstances when they are forced to leave Kashmir valley because of the inability on the part of the Government to protect their lives, liberty and property, that too when they have become the target of militants because of their job profiles serving the Government of India, it becomes solemn obligation of the Central Government to provide them suitable accommodation in Delhi after their retirement till the conditions improve in Kashmir enabling them to go back to their native places. The respondents had filed the writ petitions with prayer for suitable accommodation by the Central Government and till that is provided, allow them to continue in the Government houses occupied by them.

(2.) THE learned Single Judge, in a detailed judgment expounding on various aspects of the issues with flavour of human and fundamental rights of these respondents, allowed the writ petitions in the following terms:

(3.) THOUGH we have recapitulated the issue in brief, in order to have an in -depth analysis of the issue, controversy involved and our determination, we are taking note of facts of one case in brief, i.e. LPA No. 342/2011 entitled Union of India v. P.K. Koul.