Calcutta High Court (Appellete Side)
Madhubanti Chakraborty vs The State Of West Bengal & Ors on 7 October, 2024
Author: Jay Sengupta
Bench: Jay Sengupta
HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
Present:
THE HON'BLE JUSTICE JAY SENGUPTA
WPA 24744 of 2024
Madhubanti Chakraborty
Vs.
The State of West Bengal & Ors.
For the petitioner : Ms. Pramiti Bandopadhyay
Mr. Rahul Kr. Sing
Mr. Subhajit Das
For the State : Mr. Dipanjan Datta, Ld. Sr. Govt. Adv.
Heard on : 07.10.2024
Judgment on : 07.10.2024
JAY SENGUPTA, J:
1. This is an application, inter alia, praying for release of House Rent
Allowance, current and arrears, in favour of the petitioner.
2. Affidavit of service filed on behalf of the petitioner is taken on record.
3. Learned counsel appearing on behalf of the petitioner submits as follows.
The petitioner is an approved Assistant Teacher at Baidyapara High School at Kolkata
currently and previously she was working as Assistant Teacher at Uttar Kusum High
School, South 24 Parganas. The husband of the petitioner being an employee of a
private company is receiving House Rent Allowance (HRA) as a separate engagement.
The District Inspector of Schools (S.E.), South 24-Parganas & Kolkata, relying on the
Memorandum of the Finance Department (Audit Branch), Government of West Bengal
bearing No.5839-F(P) dated July, 09, 2012 and the Corrigendum Memorandum thereto
bearing No.8012-F(p2)/FA/O/2m/ 206/17(N.B.) dated December 27, 2018,
stopped the payment of HRA to the petitioner. A Coordinate Bench of this Court
by the judgment dated March 16, 2021 passed in WPA 1389 of 2018 (Mousumi
Biswas & Ors. State of West Bengal & Ors.) has quashed the aforementioned
memorandum of 2018. An appeal being MAT 1023 of 2021 (The State of West Bengal
& Ors. vs. Mita Majumder & Ors.) against the said judgment and order of the said
Coordinate Bench is pending. But, no order of stay has been passed in the said
appeal. Relying on this judgment, relief has been granted to a similarly
circumstanced Assistant Teacher by an order dated 21.05.2024 passed in WPA
14006 of 2024. In view of the same, the petitioner would be entitled to full HRA along
with interest on the arrears.
4. Learned counsel appearing on behalf of the State denies the allegations
made in the writ petition and submits that if, at all, any relief is granted to the
petitioner, the same has to be subject to the decision of the appeal being MAT
1023 of 2021.
5. It appears that the above-referred memorandum of 2018 were quashed by a
Coordinate Bench of this Court. However, an appeal is pending over the issue.
But, no stay has been granted in the said appeal. Relying on the said decision,
another Coordinate Bench of this Court has
granted appropriate relief in favour of similarly circumstanced Assistant
Teacher.
6. In the present facts which are quite similar, I find no reason to take a
different view.
7. Therefore, the concerned respondent authorities are directed to release
the HRA, both current and arrear, in favour of the petitioner, the arrear thereof
be paid to the petitioner with interest @ 6% per annum from the date on which it
became payable till the date of payment. Such payment shall be made within a
period of six weeks from the date of communication of this order.
8. It is, however, made clear that the payment of HRA in terms of this order
is subject to the result of the above referred pending appeal.
9. Accordingly, the writ petition is disposed of.
10. As affidavits were not called for, allegations contained in the writ petition
are deemed not to have been admitted.
11. Urgent photostat certified copy of this order may be supplied to the
parties expeditiously, if applied for.
(Jay Sengupta, J)
