Jammu & Kashmir High Court
Shankar Dass vs Union Territory Of J&K Through Relief ... on 25 October, 2024
Sr. No. 107
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case: WP(C) No.2563/2024
Shankar Dass, age 80 years son of late Shri Indru
(Migrant) at present resident of Village Kambel
Danga,Teshil and District Udhampur. .... Petitioner/Appellant(s)
Through :- Mr. Ajay Kumar, Advocate.
V/s
1. Union Territory of J&K through Relief and
Rehabilitation Commissioner, (M), Jammu.
2. Tehsildar, Udhampur. ....Respondent(s)
Through :-
Coram: HON'BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
ORDER
25.10.2024
(ORAL)
01. It is submitted by learned counsel for the petitioner that having regard to
the grievance of the petitioner, as agitated in the present petition, the matter can
be even taken up for final disposal at this threshold stage by passing of
appropriate directions upon the respondents which they otherwise are obliged to
carry out in accordance with law.
02. The case of the petitioner as projected in the instant petition and as
submitted by his learned counsel is that he is an approved migrant, who was
compelled to migrate due to influx of militancy in the Ramban area and settled at
village Kambel, Danga, Tehsil and District Udhampur. That he was provided all
the incentives as migrant in the shape of ration, cash assistance etc. till the year
2011 when on the basis of complaints filed by Migrant Action Committee,
Ramban, Udhampur dated 05.08.2011 and one Bansi Lal son of Dilmaini
Resident of Soomber Tehsil and District Ramban, the relief benefits as received
by him came to be stopped vide order dated 10.12.2011. That an inquiry came to
be conducted by the respondent No.1, in respect of the complaints against him
and on the basis of which the relief to him was stopped and ultimately pursuant
to the outcome of the inquiry an order dated 22.07.2017 came to be passed
directing the continuance of his relief. That unfortunately the complainant,
namely, Bansi Lal upon hearing that he has been granted migrant relief, filed
second complaint before the Deputy Commissioner, Udhampur highlighting the
same facts as mentioned in the earlier complaint whereupon the cash assistance
and ration as received by him came to be again stopped by respondent No.2 on
the verbal directions of the Deputy Commissioner on 18.01.2018.
That being aggrieved of the same he challenged the aforesaid order before
this Court in OWP No. 599/2018 titled 'Shankar Dass Vs. State and Others' and
same was disposed of with the direction that he i.e the petitioner shall file
representation before the Deputy Commissioner, Udhmapur who shall consider
and pass appropriate orders within a period of ten days. That pursuant to the
aforesaid directions passed by this Court, he filed a representation before the
Deputy Commissioner, Udhampur, who vide order dated 11.04.2019 quashed the
impugned order dated 18.01.2018 and the complaint filed by Bansi Lal was
forwarded to the respondent No.1 for consideration and further necessary action.
That respondent No.1 after verifying the matter through subordinate authorities
found the petitioner a genuine migrant. That the respondent No.2 vide his office
letter dated 20.09.2019 released the relief benefits in favour of the petitioner
w.e.f. September, 2019. That the petitioner again moved representation before
the respondent No.1 regarding release of his pending cash assistance arrears.
That the Chief Accounts Officer, Relief Organization (M), Jammu directed
respondent No.2 to examine the matter and provide the detail of pending arrears
along with bank account statement and calculation sheets. That respondent No.2
vide letter dated 19.07.2022 submitted the details of pending arrears along with
calculation sheet to the office of respondent No.1. That respondent No.2
specifically mentioned in the said letter that the relief (arrears) for the period of
January 2018 to August 2019 (20 months) amounting to Rs.2,43,800/- and
arrears from May 2004 to September, 2007 (41 months) amounting to
Rs.1,38,769/- has not been drawn in favour of the petitioner.
That respondent No.1 vide his office letter dated 25.04.2024 released the
arrears to the tune of Rs.2,43,800/- in his favour for the period of 01.01.2018 to
31.08.2019 but the arrears amounting to Rs.1,38,769/- for the period of May,
2004 to May 2007 were not released without mentioning any reason. He
thereafter filed an application before respondent No.1 for releasing the amount to
the tune of Rs.1,38,769/- on 06.09.2024 and same is pending for consideration.
That his due amount to the tune of Rs.1,38,769/- has wrongly been withheld and
there is no justification in withholding the same amount. That he has already
suffered a lot being migrant and now his miseries have further multiplied by
withholding his genuine and legitimate amount on account of cash assistance as
a migrant.
03. Having regard to the nature of the grievance projected in the petition, this
Court is of the opinion that the matter can be disposed of even at this threshold
stage by passing of appropriate directions in accordance with law.
04. Accordingly, the instant petition is disposed of at this threshold stage with
the direction to the respondents to consider the grievance of the petitioner as
projected by him in the instant petition for release in his favour of legitimate
amount due to him on account of the arrears of relief with further direction to
continue the grant of relief due to him under law.
05. The respondents shall accord consideration to the grievance of the
petitioner within a period of four weeks and shall submit a status report to the
Registry of this Court within a period of on week thereafter.
06. Disposed of as above.
(Mohd. Yousuf Wani)
Judge
JAMMU :
25.10.2024
Pawan Chopra
i) Whether order/judgment is speaking : No
ii) Whether the order/judgment is reportable.: No
