STATE Vs. PREM NATH

JUDGEMENT

(1.) The appellant being aggrieved of order dated 06.11.2009 passed by the learned Single Judge in contempt petition (COAOW No.47/2008) directing the State to implement the judgment of this court, has questioned the same in this appeal.

(2.) In order to understand the controversy involved in this appeal, brief facts are required to be noticed.

(3.) A batch of writ petitions came to be filed in this court claiming parity with Kashmiri migrants in the matter of grant of cash assistance and relief. It was stated that the respondents-petitioners who belong to Jammu Division had to migrate on account of eruption of militancy, as a result of which they had to leave their homes and hearth. The said writ petitions came to be allowed by the learned Single Judge of this court vide order dated 29.11.2005 and direction came to be issued to the respondents to treat the respondents-petitioners at par with the migrants of Kashmir Valley in respect of relief and rehabilitation. It was, however, provided that State would be well within its right to examine each case on its own merits to find out entitlement of each individual lest undesirable persons succeed in availing of the benefit at the cost of public exchequer.