A bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw gave the direction to the Centre, upholding a 2010 ruling of the high court's single judge bench, which had asked the government to "make all endeavours to adequately, effectively and reasonably rehabilitate and resettle them."
The division bench gave the ruling, dismissing the Centre's appeal against the single-judge bench order and adding that "the Central government is free to frame rehabilitation scheme for them (former Kashmiri bureaucrats)."
"We don't find any fault with the direction given by the single judge in the judgement," said the division bench.
"We, however, make it clear that these directions are given keeping in view the salient and peculiar facts of these cases pertaining to right to shelter," the bench said, while detailing the facts leading the former Kashmiri bureaucrats to claim their right to shelter before the high court earlier.
"The central government would be free to frame a rehabilitation scheme for such retired employees like respondents (Kashmiris). In such a scheme, it can specify the terms and conditions on which such persons would be entitled to rehabilitate / alternate residence which may include the term that these respondents (retired bureaucrats) or their family members don't have any residence in any part of the country," the bench said. (More)