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| Jammu migrants cannot be treated at par with Kashmir counterparts | | | Early Times report
Jammu, June 11 : The high court today allowed an appeal by the state with direction that the scale of relief payable to migrants of Jammu region shall be the same as has been fixed by the Supreme Court.
A division bench of the court comprising Justice comprising Justice Virender Singh and Justice Sunil Hali directed that the relief shall be paid to the petitioners after proper verification by the Relief & Rehabilit-ation Commis-sioner (M) Jammu. "In case cash relief has not been paid to respondent/ petitioners, the same shall be paid within two months from the date a copy of this order is received", the court directed.
A batch of writ petitions came to be filed in the court claiming parity with Kashmiri migrants in the matter of grant of cash assistance relief. It was stated that the respondents/ petitioners belonging to Jammu Division had to migrate on account of eruption of militancy, as a result of which they had to leave their homes. The said petitions came to be allowed by the Single Judge on November 29, 2005 and directions came to be issued to the respondents to treat the petitioners/ respondents at par with migrant of Kashmir valley in respect of relief and rehabilitation. It was however, provided that the state would well be within its right to examine each case on its own merits to find out entitlement of each individual lest undesirable persons succeed in availing of the benefit at the cost of the public exchequer. Being aggrieved of this order, state filed appeal which came to be dismissed on March 19, 2008. Having failed to comply with the directions of writ Court, contempt petition was filed seeking implementation of the judgment dated November 29, 2005.
The State/ respondents in the statements of facts filed before the Single Judge in a contempt petition submitted that cash assistance of Rs 400 per month subject to maximum of Rs 1600 per family, ration Atta 9 KG and Rice 4 KG total 13 KG, ten liters of Kerosene Oil per family per month, cash assistance of Rs 300 per month per cattle for purchase of fodders. Also the state government asked to ascertain the genuineness of migrants before passing on any benefit. The process was initiated in the light of direction of the Supreme Court. Relief and rations as per the scale fixed, which has been accepted by the Supreme Court is being released in favour of genuine migrants of Jammu Division which includes Doda Migrants also. On the basis of the submissions made by the State Government before the Apex Court, the judgment was passed by the Apex Court which is being strictly implemented by the State Govt.
The judgment written by Justice Sunil Hali for the Division Bench after hearing the parties observed that in fact of the direction issued by the Apex Court relief payable to the migrants of Jammu have been determined, as such, they could not be granted the same relief as has been granted to the Kashmiri Migrants and allowed the appeal filed by State & Others which was disposed of by issuing above mentioned directions. (JNF)
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