J.L. KOUL & ORS. versus STATE OF J & K & ORS.

Citation: [2009] 15 S.C.R. 452 · Decided: 27-10-2009 · Supreme Court of India · Bench: TARUN CHATTERJEE, B.S. CHAUHAN · Disposal: Disposed off
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Judgment (excerpt)

• 
[2009] 15 (ADDL.) S.C.R. 452 
A 
J.L. KOUL & ORS. 
ho .. 
v. 
STATE OF J & K & ORS. 
(Civil Appeal No. 3809 of 2005) 
OCTOBER 27, 2009 
B 
[TARUN CHATTERJEE AND DR. S.S. CHAUHAN, JJ.] 
,. 
Rehabilitation: 
"' • 
c 
Kashmiri migrants - State Government servants allowed 
to continue occupying government accommodations in 
Jammu even after their retirement - Their own houses in the 
valley having been destroyed by militants -
Serving 
government employees waiting for allotment of government 
accommodation, filing writ petition - High Court directing 
l-
.. 
D eviction of retired government servants from government 
accommodations - HELD: In view of the rehabilitation 
scheme framed by the State authorities and the undertaking 
given by the State Government, till the State is able to 
E 
rehabilitate and provide appropriate accommodation, the 
retireesloustees concerned shall continue to possess the 
accommodations in their possession as on date. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
. .. 
3809 of 2005. 
F 
From the Judgment & Order dated 14.3.1997 of the High 
Court of Jammu & Kashmir at Jammu in LPA No. (OWP) No. 
50 of 1997. 
Purnima Bhat for the Appellants. 
G 
Anis Suhrawardy for the Respondents. 
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The following Order of the Court was delivered 
H 
452 
J.L. KOUL & ORS. v. STATE OF J & K & ORS. 
453 
ORDER 
A 
~"" 
1. This appeal has been preferred by the appellants 
; 
against the judgment and order dated 14.3.1997 passed by the 
Division Bench of the Jammu & Kashmir High Court by which 
Letters Patent Appeal (OWP) No.SO of 1997 against the 
judgment and order of the learned Single Judge dated 
B 
24.1.1997 passed in OWP Nos.139, 339 and 621of1995 has 
been dismissed . 
.... 
2. The facts and circumstances giving rise to this case are 
~ 
that the appellants are Kashmiri Pandits and had been in c 
employment of the State Government. They had been allotted 
residential accommodation at Jammu in 1989-90 being the 
Government servants. 
3. The houses of the appellants were either destroyed or D 
.. 
-" 
burnt down by the militants in the valley. The appellants were 
permitted to retain their respective accommodation at Jammu 
,. . 
for safety reasons though they had retired and had no right to 
continue in possession of their respective accommodation and 
the accommodation could have been allotted to other 
E 
government employees who were waiting in the queue. 
However, such a step was considered necessary by the State 
Government as the atmosphere was not congenial for the 
.. 
appellants to move in the valley. More so, they had lost their 
respective houses. 
F 
4. The Government employees, who were waiting for 
allotment of residential accommodation but could not get the 
...( 
same because the appellants were occupying the government 
( 
houses, filed writ petition nos.139, 339 and 621 of 1995 before 
the High Court complaining that they were not provided with the 
G 
government accommodation by the State Government. None 
J 
of the appellants herein had been impleaded in either of those 
writ petitions nor any pleadings had been taken against them . 
. The claim of the writ petitioners had been that the Government 
was duty-bound to provide for residential accommodation which 
H 
454 
SUPREME COURT REPORTS [2009] 15 (ADDL.) S.C.R. 
A was not being done. Therefore, the High Court was requested 
to issue appropriate direction for prov.iding them the 
l,j .4 
government accommodation. The learned Single Judge vide 
judgment and order dated 24. 1.1997 allowed the writ petition 
and issued the following directions:-
B 
"1. That all those persons who have ceased to be 
Government servants, for any reasons, shall be evicted 
from the houses allotted to them as Government servants 
immediately, this direction shall not, however, apply to 
I'~ 
., 
c 
persons whose eviction has been stayed -by High Court in 
)': 
any proceedings. 
2. Persons who are not in Government service but require 
Government accommodation, because of security reasons, 
should be tried to be accommodated within one complex 
D 
so that their security is ensured and State has to incur 
lesser amount for their security. 
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3. No person who is not a Government servant, but is 
.·"< 
provided the Government accommodation for security 
E 
reasons, shall be given more than one Unit of 
accommodation in the State of Jammu & Kashmir. 
Persons who are at present having Government 
houses both at Jammu and Srinagar be asked for a choice 
a
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