3 vs Akb The State Of West Bengal & Ors
2021 Latest Caselaw 2965 Cal

Ct.
No.   22.04                    W.P.A. 7003 of 2020
26    2021                       ( Via Video Conference )
                                     Durga Chowdhury
 13                                         Vs.
akb                           The State of West Bengal & Ors.

              Ms. Debjani Sengupta
              Mr. Shobhan Majumder
              Ms. Koyel Bag
              Ms. Shreya Bhattacharjee         ...For the Petitioner

              Mr. Suman Dey                    ...For the State Respondents

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 the 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. Consequently, the application, being CAN 1 of 2020 is also disposed of.

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 copy of the order, if applied for, be supplied to the petitioner on priority basis on compliance of necessary formalities.

( Shekhar B. Saraf, J.)