Right to shelter is a fundamental right, says CAT

Srinagar, Jun 10: Underscoring that the right to shelter is a fundamental right, the Central Administrative Tribunal ( CAT) in Srinagar has directed the authorities to consider representation for accommodation to a Kashmiri migrant Pandit employee appointed under Prime Minister’s Special Package for Return and Rehabilitation of Kashmiri Migrants to the Kashmir Valley.

“Law is no more res integra that right of shelter is a fundamental right coupled with the fact when the Government formulated a criteria for such employees appointed under the PM’s Package,” a bench of M S Latif Member (Judicial) said in its order while deciding a plea by one, Preya Koul.

The Court observed that it was true that allotment could only be done in tune with the number of flats available and every employee under the scheme could not be accommodated. “But if the flats are available then there is no reason to not consider the case of the applicant admittedly in accordance with the criteria and denial would be unjust in the facts and circumstances as the applicant presently stated being in a family way,” the tribunal said.

The applicant’s contention was that she is a Kashmiri Pandit Migrant who was appointed as a Junior Assistant under the Prime Minister’s Special Package for Kashmiri Migrants in terms of the Government order dated January 1, 2021 and was ordered to report to the Managing Director Kashmir Power Distribution Corporation Limited (KPDCL), Srinagar. She was aggrieved of exclusion of her name from the final allotment list of Transit Accommodation at Zeewan Srinagar issued vide order no. 217-RRCM of 2025 dated May 24, 2025, saying the action was totally “arbitrary and invidiously discriminatory besides in violation of the Constitutional guarantees. In response to her plea, the tribunal directed the authorities to consider the representation of the migrant employee within a month in accordance with the criteria as laid down in the related Government Order.

“Every endeavour shall be made to favourably consider her representation and till representation filed by the applicant is decided, in case, there is a flat available and the applicant is otherwise entitled to in terms of the Govt. Order No. 46-JK (DMRRR) of 2024 dated July 4, 2024, the same shall be kept reserved for her. It is made clear that the reservation of the flats shall only be limited to the period of one month till the respondents effectively decide the representation and subject to availability”, the tribunal said.