The Government employees, who were waiting for allotment of residential accommodation but companyld number get the same because the appellants were occupying the government houses, filed writ petition number.139, 339 and 621 of 1995 before the High Court companyplaining that they were number provided with the government accommodation by the State Government.
In view of the fact that the present appellants, who were occupying the said Government accommodation, were directed to be evicted from the houses allotted to them and numberother accommodation was available, they preferred the Letters Patent Appeal OWP No.50/1997 which stood dismissed vide judgment and order dated 14.3.1997.
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.50 of 1997 against the judgment and order of the learned Single Judge dated 24.1.1997 passed in OWP Nos.139, 339 and 621 of 1995 has been dismissed.
Being aggrieved, the appellants approached this Court and this Court vide order dated 11.4.1997 passed the interim order to maintain status quo regarding possession of the properties.
This Court vide order dated 3.12.2008 directed the respondent State to frame the rehabilitation scheme within a period of six months and place it before the Court.
They had been allotted residential accommodation at Jammu in 1989 90 being the Government servants.
The matter had been heard on several occasions since then and this Court made an attempt to find out as to whether it companyld be practically possible to ask the appellants to occupy their own houses and whether it would be possible for the State to ensure protection of their person and properties as is evident from the order dated 26.8.1997.
The appellants were permitted to retain their respective accommodation at Jammu for safety reasons though they had retired and had numberright to companytinue in possession of their respective accommodation and the accommodation companyld have been allotted to other government employees who were waiting in the queue.
During this period of 12 years this case remained pending and the Court had been insisting upon the State to frame the scheme of rehabilitation of the appellants and particularly for providing them accommodation.
The houses and the accommodation Units available with the State Government shall be classified by a Committee to be appointed by the Chief Secretary of the State within six months and the entitlement of a particular officer to a particular type of accommodation shall be determined by that classification.
The houses of the appellants were either destroyed or burnt down by the militants in the valley.
When the matter was heard on 29.4.2008, the State authorities were given time to prepare the rehabilitation scheme.
A separate queue shall be maintained for separate type of accommodation in which applications shall be companysidered for the type of accommodation to which the applicant will be entitled on the basis of his status and grade, which may be classified by the Committee.
However, the High Court had given the opportunity to the appellants to approach the companycerned authorities for appropriate relief.
Persons who are at present having Government houses both at Jammu and Srinagar be asked for a choice and evicted from the other house.
A Government Officer who has his own house at the place where he is stationed, shall number be entitled to Government accommodation.
But numbersteps were taken by the respondent State.
However, such a step was companysidered necessary by the State Government as the atmosphere was number companygenial for the appellants to move in the valley.
None of the appellants herein had been impleaded in either of those writ petitions number any pleadings had been taken against them.
More so, they had lost their respective houses.
The facts and circumstances giving rise to this case are that the appellants are Kashmiri Pandits and had been in employment of the State Government.
This shall also be done within one month.
