In A big relief for UT employees,the Punjab and Haryana High Court has ruled that UT employees can invoke the summary trial to get their properties vacated from tenants in Haryana. Deciding a significant issue,Justice Rakesh Kumar Jain has ruled that UT employees are Central government employees and can get their properties in Haryana vacated by invoking relevant provisions available under Haryana Urban (Control of Rent and Eviction) Act.
Till now,there has been a dispute over the question as to whether UT employees can avail the facility of summary (expeditious) trial in Haryana. The question which has been decided today by the High Court is …if the landlord has retired as the employee of the UT,Chandigarh and has property in the State of Haryana in occupation of a tenant,could he get it vacated in terms of Section 13-A (1-A) of the Haryana Urban (Control of Rent & Eviction) Act,1973 being a Central Government employee?
Holding that Employees of Chandigarh are the employees of the Central government for the purpose of filing the eviction petition,Justice Rakesh Kumar Jain has decided that employees of Chandigarh can avail the facility of summary trial to get their properties vacated.
The judgment was passed on an appeal filed by the Executive Engineer,Bridge Construction Division (Haryana) against the order of lower Court,Panchkula on November 16,2011. Dr Madan Gulati,the landlord had filed an eviction petition alleging therein that they had let out their triple storey house in Sector 9,Panchkula.
The landlord who retired as Deputy Director,Ayurveda,Chandigarh Administration and his wife,who retired as Senior Ayurvedic Physician stated that they are in need of their residence and opening a clinic as they have no other accommodation in the urban area of Panchkula.
The demand was countered by the counsel for the tenants on the ground that the landlords have retired from Chandigarh Administration and are thus not covered under Section 13A(1A) of the Act as it applies to the employees of Central government,government of Haryana or of state-owned board or corporation of Haryana and not retirees from UT Chandigarh.
Showing little conviction in the averment raised by the counsel for tenants,Justice Rakesh Kumar Jain ruled that the Act is silent about the definition of Central employees. Relying upon the General Clauses Act,1897 Justice Jain ruled that the employees of Chandigarh are the employees of Central government.