Can I claim a D-type quarter despite unavailability and rules?
According to my contract, I am entitled to a D-type quarter, provided it's available. However, when I applied for it, I was told that it is not available. The only quarter available currently is reserved for HODs, and I was informed that it cannot be allotted to me because of that. I was also told that if I still want the quarter, I would need to pay rent equivalent to the HRA for regular employees, as I am on a contract basis. The type of quarter I am entitled to has been allotted to non-employees of the organization, while I, as a contract employee, am being denied it on the grounds of unavailability. Please advise on the legal actions I can take. Do I have any legal right to claim the house from non-employees? If the house cannot be vacated, can I request a higher category of house or demand the rent of the house I would take on my own?
As your contract mentions for the D-type quarter and your employer is not providing you because of the contractual terms of employment so you can ask for higher category house or employer has to pay compensation amounting to that rent amount and if not provided by the employer you can move to labour tribunal regarding this matter.
You are entitled to a D-type quarter as per your contract. If unavailable, the organization must provide an alternative. You can request a higher category house or demand rent equivalent to regular employees. If denied unjustly then you may consider sending a legal notice with the help of an expert lawyer who will assist you to file a complaint in labor court. For further legal action contact us on our helpline number.
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