Excelsior Correspondent
SRINAGAR, Feb 21: Division Bench of High Court today referred the case to the writ court where in it had directed the Government not to make any appointment of migrant or any Kashmiri Pandit under SRO 425 made under the Prime Minister’s Special Package for rehabilitation of Kashmiri Migrants. It has also directed the writ court to array appellant as party respondent to the petition.
The Division Bench of Justice Ramalingam Sudhakar and Justice M K Hanjura was hearing an appeal filed against the writ court order in which Government was directed not to make any appointment of migrant or any Kashmiri Pandit under SRO 425 made under the Prime Minister’s Special Package for rehabilitation of Kashmiri Migrants.
The appeal was filed by one Sandeep Koul challenging the writ court order. The Division Bench today requested the writ court to decide the matter after hearing the appellant-Koul also on next date. However, the detailed order in this regard is awaited.
The writ court in a writ petition filed by Kashmir Sikh Community challenging the SRO 425 directed that no appointment shall be made and finalized under this SRO.
The Kashmiri Sikh community challenged the SRO on the ground that it offends Articles 14 and 16 of the Constitution of India and the fundamental right of equality of unemployed educated youth of the petitioner-Community, who too have not left the valley after 1989.
It is under Kashmiri Migrants (Special Drive) Recruitment Rules, 2009, “migrant” unemployed youth are eligible for appointment against the posts specially created from time to time in Kashmir Division, except the districts of Leh and Kargil under the Prime Minister’s Special Package for return and rehabilitation of Kashmiri Migrants to the Valley.
The term “migrant” is defined in Rule 2(d) and means a person who has migrated from Kashmir Valley after 1st November 1989 and is registered as such with Relief Commissioner or has not been so registered on the ground of his being in service of Government in Valley or any other part of the State in pursuit of occupation or vocation or otherwise, and is possessed of immovable property at the place from where he has migrated but is unable to ordinarily reside there due to disturbed conditions and includes an “internally displaced person”.
By virtue of SRO 425 issued by the State Government vide Notification dated 10th Oct. 2017, amendment has been effected to the Rules of 2009 and in terms of various amended provisions, the benefit under the Rules of 2009 has been extended to a person, who belongs to a “Kashmiri Pandit” family and has not migrated from Kashmir Valley after November 1, 1989 and is residing in the Kashmir valley.
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