Case Title: Union of India v. Onkar Nath Dhar
The right to shelter does not imply the right to government housing, the Supreme Court noted while overturning a Punjab and Haryana High Court order allowing a retired Intelligence Bureau officer to remain in government housing.
The court stated that government accommodations are intended for serving officers and officials, not retirees, as a gesture of goodwill and distribution of largesse. The bench of Justices Hemant Gupta and AS Bopanna added that compassion, no matter how genuine, does not give a retired person the right to continue occupying a government accommodation.
The court also ordered the Centre to submit a report on the action taken against retired government officials who are in government housing following their retirement due to High Court orders on or before November 15, 2021. Dhar had invoked the right to shelter, which is recognized as a fundamental right under Article 21 of the Indian Constitution. The bench observed in this regard:
A right to shelter is unquestionably a fundamental right, but such a right is granted to millions of Indians who do not have shelter. A segment of society, particularly retired government employees who have earned pensions and drawn retirement benefits, cannot be said to be in such a position where the government should provide government housing for an indefinite period. To say the least, the directive to allow a retired government servant to retain government housing for an indefinite period is a distribution of state largesse without regard for state policy. A subset of migrants cannot be treated as preferential citizens, granting them the right to shelter at the expense of millions of other citizens who are homeless. The displaced person's right to shelter is satisfied when accommodations are provided in transit. Such a right to shelter does not and cannot include the provision of government housing. Court further added that,
"….The right to shelter does not mean the right to government accommodation. The government accommodation is meant for serving officers and officials and not for the retirees as benevolence and distribution of largesse. Thus, we find that the orders passed by the High Court are absolute without any basis and in the absence of any policy of allotment of government accommodation to a retired government servant, who may be the victim of terrorism. The orders passed are wholly arbitrary and irrational."
While overruling the High Court order, the court granted Dhar time to hand over vacant physical possession of the premises on or before October 31, 2021, i.e., 15 years after reaching the age of superannuation.