Excelsior Correspondent
JAMMU, Oct 31: High Court has quashed the Government Order No. 216-Estt of 2013 dated October 21, 2013 whereby Director Estates had rejected the claims of Advocate Suraj Singh, visually impaired lawyer for Government accommodation.
After hearing Advocate SC Gupta with Advocate Sheikh Shakeel Ahmed appearing for the petitioner Advocate Suraj Singh whereas Senior AAG S S Nanda appearing for the Estates Department, Justice B S Walia while quashing the Govt. Order No. 216-Estt of 2013 directed that the claim of the petitioner for residential accommodation shall be placed before the Minister Estates for taking a decision in accordance with the rules and regulations in the light of the interpretation given in the judgment within a period of 04 weeks.
The counsels appearing for the petitioner submitted that the impugned Government order was legally unsustainable for not taking into account the fact that the 5% discretionary quota for allotment of residential accommodation by the Minister Estates under the J&K Estates Department (Allotment of Government Accommodation) Regulations, 2004 was not restricted to freedom fighters, ex-legislators and media persons only, but envisages other persons also as evident from Clause (e) of paragraph 3 of the impugned order which clarifies that the 5% discretionary quota includes freedom fighters, ex-legislators and media persons also, meaning thereby that the said categories of persons are in addition to other categories of deserving persons.
In support of his arguments, Advocate SC Gupta referred to the preamble of J&K Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1998 which provides for equal opportunities, care, protection, maintenance, welfare, training and rehabilitation to the persons with disabilities.
Justice B S Walia in his authoritative pronouncement observed, “it is settled law that the word “includes” used in the interpretation clauses is to enlarge the meaning of the words or phrases occurring in the body of the statue and when so used, those words and phrases are to be construed as comprehending not only such things as they signify according to their nature and import but also those things which the interpretation clause declares that they shall include”.
While lauding the spirit of visually impaired lawyer Suraj Singh for venturing into the legal profession, Justice Walia quashed the impugned Government order with a direction that the claim of the petitioner for residential accommodation be placed before the Minister Estates for taking a decision in accordance with the rules and regulations in the light of the interpretation given in this judgment within a period of 04 weeks from today.
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