Matter : Wpa vs Status : Op
2023 Latest Caselaw 1240 Cal

17.02.2023                                WPA 27461 of 2022

Court       : 22                     Dr. Sahadev Bandopadhyay
Item        : 31
Matter      : WPA                                Vs.
Status      : OP
Transcriber : nandy                The State of West Bengal & Ors.

                      Ms. Jhuma Chakraborty, Advocate
                      Mr. Aritra Ghosh, Advocate
                                                  ......for the Petitioner
                      Mr. Gaurab Das, Advocate
                                                      ......for the State

                            Pursuant to the direction made by this Court on
                      September 23, 2022 in a previous round of writ-petition
                      being WPA 20690 of 2022 filed by the petitioner, the
                      respondent no. 6 decided the issue by passing its

reasoned order dated November 30, 2022, annexure P-4 at page 126 to the writ-petition. The said reasoned order of the respondent no. 6 is now impugned in this writ-petition.

Drawing attention to the impugned order, annexure P-4 to the writ-petition, Ms. Jhuma Chakraborty, learned Advocate appearing for the writ- petitioner, submitted that the basis of passing the said impugned order was a Government Order bearing no. GO 8012-F (P-2) dated December 27, 2018 which has already been set aside by a Coordinate Bench by a judgment and order dated March 16, 2021 in a series of writ-petition, the first of which was WPA 1389 of 2018. Therefore, the said impugned order must fail and should be set aside.

The petitioner claimed house-rent allowance.

Mr. Gourab Das, learned Counsel appearing for the State-Respondent nos. 1 to 6, referring to the

second part of the said impugned order submitted that while passing such impugned order and rejecting the claim of the petitioner, the respondent no. 6 had observed that in view of the provisions laid down under ROPA 2019, the claim of the petitioner was not sustainable.

After considering the rival contentions made on behalf of the appearing parties and on perusal of the materials-on-record, this Court is of the view that there is no scope for passing an interim order.

The respondent no. 6 shall file a report in the form of an affidavit to disclose his stand in the light of the challenges thrown in this writ-petition. Such affidavit shall be filed on or before March 10 2023.

Upon a copy of such affidavit being furnished to Ms. Jhuma Chakraborty, learned Advocate for the petitioner, the petitioner shall be at liberty to file its exception to the said report in form of an affidavit on or before March 30, 2023 upon a copy being served upon Mr. Gourab Das, learned Advocate for the State.

The writ-petition shall appear under the heading 'Motion Top' on March 28, 2023.

(Aniruddha Roy, J.)