public premises

Querist : Anonymous (Querist) 01 February 2010 This query is : Resolved
i have a client who has approached me he is a household servant in the government office. he is doing this since generations since the year 1960. they are provided with houses to stay by the govt. the payment of rent and salaries are not prompt. there is no documentary evidence to say that the person is a tenant there or any kind of ownership. the authorities concerned are not very keen to solve there problems. they have correspondence made with the authorities. they have their names on ration card. payment of electricity bills not done at regular basis. now at this stage the action is required as the authorities are now upto demolish the same. and my clients are not in a financially sound position to afford another house. they are very poor people and hence approached me to help. kindly let me know how can i approach the court for reliefs.

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niranjan (Expert) 01 February 2010
when a govt.servant is occuping the govt.quarter,he does not become tenant and no protection can be given to him under rent act.If some other quarter is available your client can ask to give that accommodation and till then the premises may not be demolished.the govt.servant has no right to get the quarter,however on humanitarian ground or on the ground of discrimination you can file the suit.

Querist : Anonymous (Querist) 01 February 2010
as they are just domestic servants in the house of ministers they are not provided with any benefits or reservations in houses or any other facilities. if i file under what provisions can i approach the court. and can i get protection for them as they fear losing their job and houses too. so kindly suggest me a remedy. can a writ be filed? the reason for demolishing their houses is under the development plans of the government.

Parveen Kr. Aggarwal (Expert) 01 February 2010
You may file a civil suit for injunction seeking relief to the extent that your client is in possession of the premises being in employment and that he cannot be dispossessed except by following the due process of law. However, the premises being a "public premises" he will have to vacate the premises once he is ordered to be evicted under the Public Premises Act.

Swami Sadashiva Brahmendra Sar (Expert) 01 February 2010
He can be protected only under relevant service rules.

Querist : Anonymous (Querist) 01 February 2010
tat is exactly my problem there are no service rules for the home servants till date the domestic servants are subject to removal at any time without any documentation or any due process. the only ground i have here is that the person is working for the govt since 1960 has dedicated all his life for service now the other staff like the drivers and security are provided with service quarters which are allotted to them but in my case there is no such allocation i am staying there since 1960 and every new govt i have to give my details and whereabouts i can be sacked by the govt anytime tat is a cause of my fear for taking any legal action and no provisions to protect me or my service. as it has already happened in some cases wherein my colleagues were fired for same reasons. so any solution for the problem in this aspect?

Raj Kumar Makkad (Expert) 01 February 2010
Mere long stay or sympathy shall not work in the given matter and Govt. cannot be restrained to do what it wants with sch quarters as there is no service agreement/contract protection provided to such servants. You can do nothing except passing some time more in the courts.

public premises

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