Smt. Sonali Mukherjee vs State Of West Bengal & Ors
2021 Latest Caselaw 2920 Cal

S/L 15
21.4.2021
Court No.26
SD
                                    WPA 19130 of 2017
                              (Via Video Conference)

                                Smt. Sonali Mukherjee
                                          Vs.
                              State of West Bengal & Ors.

              Mr. Syamal Kumar Das
              Mrs. Smita Pal
                                                           ... for the Petitioner.
              Mr. Supriyo Chattopadhyay
              Mr. Sabyasachi Mondal
                                                               ... for the State.

                     This matter relates to drawing of 'house rent
              allowance' (HRA) under ROPA, 2009.

                     By an order and judgment delivered on March 16,
              2021 in WPA 1389 of 2018 (Mousumi Biswas & Ors.
              vs. State of West Bengal & Ors.), I have held that
              payment of house rent allowance cannot be disallowed to the
              petitioners (who are teachers) on the ground that their
              spouse is also drawing house rent allowance in a private
              organisation.

                     In light of the said finding, various Audit Memos and
              Finance Department Memos have been struck down.

                     This writ petition is also disposed on the same basis
              and the judgment delivered on March 16, 2021 shall apply to
              this writ petition.

                     Since, no affidavit-in-opposition has been called for
              the allegations made in the writ petition are deemed to have
              not been admitted by the respondents.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Shekhar B. Saraf, J.)