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2021 (8) TMI 1293 - SC - Indian LawsRetention of Government accommodation by a retired personnel - HELD THAT:- The orders of the High Court are unsustainable. In Shiv Sagar Tiwari [1996 (12) TMI 397 - SUPREME COURT], the large-scale allotment of Government houses made out of turn in eleven categories was examined under the Allotment of Government Residences (General Pool in Delhi) Rules, 1963. All such categories were of serving employees who were given out-of-turn allotments. The then Minister of Urban Development in the Central Government was asked to pay a sum of ₹ 60 lakhs as exemplary damages by order dated 8.11.1996. The Government accommodation could not have been allotted to a person who had demitted office. No exception was carved out even in respect of the persons who held Constitutional posts at one point of time. It was held that the Government accommodation is only meant for in-service officers and not for the retirees or those who have demitted office. In the present case, Dhar was an officer of the Intelligence Bureau. He has drawn his salary and availed of alternative accommodation for 15 years after his retirement along with pensionary benefits. There is no indefeasible right in any citizen for allotment of government accommodation on a nominal licence fee. The government accommodation is meant for the serving government employees to facilitate the discharge of their duties. The government accommodation is not meant for the retirees. The accommodation to the retirees is at the cost of serving officers - Dhar and such like persons are not from the poorest Section of the migrants but have worked in the higher echelons of the bureaucracy. To say that they are enforcing their right to shelter only till such time the conditions are conducive for their safe return is wholly illusory. No one is sure that at what point of time the condition will be conducive to the satisfaction of the migrants. Such benevolence and preferential right to Section of the citizens is unfair to the serving officers. Dhar like persons should have compassion for their fellow employees who may be without any government accommodation. The right to shelter does not mean right to government accommodation. The government accommodation is meant for serving officers and officials and not to the retirees as a benevolence and distribution of largesse. The orders passed by the High Court are absolutely without any basis and in the absence of any policy of allotment of government accommodation to a retired government servant, who may be victim of terrorism. The orders passed are wholly arbitrary and irrational - Appeal allowed.
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