In Brief
A retired Intelligence Bureau officer from Kashmir sought to retain government accommodation after superannuation on grounds of terrorism-related displacement. The High Courts had allowed him to keep the premises on nominal license fee citing human rights and the right to shelter. The Supreme Court reversed these orders, holding that government accommodation is exclusively for serving officers. Upon retirement, no person—regardless of hardship or displacement—has a right to retain such accommodation. The Court distinguished prior precedent J.L. Koul as a special Article 142 direction, not binding law. Retired employees are entitled to transit accommodation or cash compensation under existing schemes, which satisfies the right to shelter. The judgment affirmed that providing government property indefinitely to retirees without statutory authorization is ultra vires and arbitrary.
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