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Quarter allocations

(Querist) 07 September 2012 This query is : Resolved 
Sirs,

If a government employee got the quarters and staying there for quite some, however the is concerned Block Development Officer asks him to vacate the quarter to allocate it to his choiced person.
What is the remedy available to the employee who has been asked to vacate the government quarter?

Regards,
SKN
Guest (Expert) 07 September 2012
If you have been formally alloted the quarter by virtue of issue of allotment lletter, you may ask the BDO to cancel the allotment by issue of ormmal cancellation order. He won't be able to do that, as a qquarter once alloted cannot be ordered to be vacated unless the Governmnt emplloyee is trannsferred to some other place, retired or dies.

Once you vacate the quarter without any official order, you won't be able to fight your cause even in the court of law, as the quarter would be treated to have been vacated voluntarily by you.
skn (Querist) 07 September 2012
Sir Thanks.
R.K Nanda (Expert) 07 September 2012
No more to add.
Sudhir Kumar, Advocate Online (Expert) 07 September 2012
Is he asking or passing any order also.
Guest (Expert) 07 September 2012
You are welcome.
skn (Querist) 10 September 2012
Sir,
The officer has asked verbely.
But if he gives a written letter then what should be next action of employee?

Regards,
SKN
Sudhir Kumar, Advocate Online (Expert) 10 September 2012
As per public premises act a vacation order can be passed:-

(i) the the estate officer notified as per Public Premises (Eviction of unauthorised Occupants ) Act.

(ii) If the occupant has ceased to be eligible to occupy or has been misusing, subletting,latering and tampering with structure.

(iii) After giving a notice to the occupant.

(iv) After hearing the occupant in quasi-judcial proceeding as per rules framed under said act.

Order illeglly pased is challangeable before Distt Judge.


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