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| Amendment in PM’s special package for rehabilitation of displaced KP’s unsustainable, big relief for community. | |
Srinagar, February 21, (Scoop News)-The Jammu and Kashmir High Court has quashed the government order which had extended special employment benefit under the Prime Minister’s package to Kashmiri Pandits youth who did not migrate from the valley after November 1989 when militancy broke out in the region.
In October 2017, the Peoples Democratic Party (PDP) and Bharitya Janta Party (BJP) led coalition government had issued a special ordinance SRO-425 to amend the migrant recruitment rule of 2009 to carry out a special recruitment drive for the unemployed Kashmiri Pandit youth who did not leave the valley.
Subsequently, the government had also constituted a committee for giving benefits of employment to the Pandit youth in terms of SRO 425. However, in December 2016, both the SRO and the order to constitute the committee were challenged by unemployed Sikh youth form Kashmir by filing a petition before the High Court, arguing that Sikh community also deserved the benefits of this amendment.
Authorities in their affidavit have averred that as per the records available with the Relief and Rehabilitation Commissioner (Migrants), Jammu, there are 15,700 Hindu Relief families and 22, 062 Hindu Non Relief families consisting of 49, 859 souls and 82, 740 souls respectively. Besides, there are 1,336 Relief Sikh families and 353 Non Relief Sikh families consisting of 5,043 souls and 1,502 souls respectively registered with Relief Organisation.
In the light of data placed on record, the respondents have pleaded that the effect of migration in the wake of turmoil in the valley was more in the Kashmiri Pandit community than other communities.
The court said as in early 1990’s , the sudden spurt of militancy in Kashmir valley, the happenings created a sort of fear psychosis and instilled strong sense of insecurity in the mind of Pandit community as result , the nation witnessed large scale exodus of Kashmiri Pandits along with political workers from the Kashmir Valley.
“The court may not be concerned as to what were actual reasons of the mass exodus of Kashmiri Pandits from Kashmir Valley but at the same time is not oblivious to the plight and miseries that befell on these migrants. They had to leave their home and hearth and settle in camps in Jammu, New Delhi and various other parts of the country, where they felt sense of security,” observed single bench of Justice Sanjeev Kumar.
With the suffering all these Kashmiri migrants, who had to leave their home and hearth in peculiar law and order situation in the state, were off high magnitude, the Government of India as also the governments of various states came up with different measures of rehabilitation and provided relief and succour to these families by all possible means.
The Government of India came with a comprehensive package and policy of relief and rehabilitation in the year 2008. “This package/ policy was first announced by the then Prime Minister during his visit to the state on April 25- 26, 2008. The package was meant to ameliorate the lot of Kashmiri Pandit community, who had been forced to migrate from Kashmir valley and to facilitate their return and rehabilitation.
It is in light of the report of the Parliamentary Standing Committee of Ministry of Home Affairs (MHA) on the rehabilitation of Kashmiri migrants and also taking note of pathetic condition of Kashmiri Pandit community, which had decided not to migrate because of many reasons as also to extend the Prime Minister’s package of Return and Rehabilitation, the Government of India sanctioned additional 3,000 jobs for Kashmiri migrants vide its communication dated December 4th, 2015.
“I do not find impugned government order of November 2017 sustainable in law, for the same has the effect of modifying the statutory rules, which is impermissible. All posts created in pursuance to the Prime Minister’s package for the return and rehabilitation are required to be filled as per the rules of 2009 and in no other manner,” said Justice Kumar said.
“I find no merit in the petition so far as challenge to the vires of SRO- 425 dated October 10, 2017 is concerned and the same is accordingly rejected. However, the impugned government order of November 2017 is held unsustainable in law and is accordingly quashed. The respondents may proceed in the matter in accordance with law,” the Justice Kumar said while disposing of the case.... |
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