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Jammu & Kashmir High Court denies relief to Kashmiri Pandits seeking to retain government flats after retirement

The Bench further noted from the submissions and the material on record that the former Chief Manager and Manager had already purchased flats in Delhi and also in Mohali, while the Deputy Manager had applied for a housing loan to purchase a new house.

“The petitioners are, thus, possessing the residential accommodation as per their choice in Delhi and Mohali and still retained the official accommodation allotted to them at nominal charges denying the same to those other serving employees, which is required by them to facilitate in discharge of their duties. The petitioners, thus, do not hold any indefeasible right for allotment of Government accommodation. The Government accommodation is meant for serving officer and not for the retirees,” the Court added.

Referring to the top court’s decision in a case, Justice Sharma said that the petitioners cannot be said to be enforcing their right to shelter, since they already are having alternate accommodation.

“This apart, the petitioners have concealed all these material facts from this Court while filing the writ petition. They have not approached this Court with clean hands and they had already availed housing loan and are owners of flats/residential accommodations at Delhi and Mohali, thus their petitions fail,” the judge said.

The Bench thus dismissed their petitions, with a direction to vacate the premises within 30 days.

Source: Barandbench

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