Gargi Rudra vs The State Of West Bengal & Ors
2024 Latest Caselaw 4533 Cal

Calcutta High Court (Appellete Side)

Gargi Rudra vs The State Of West Bengal & Ors on 4 September, 2024

Author: Amrita Sinha

Bench: Amrita Sinha

04.09.2024.
Sl. No.24.
Ct. No.14.
  AGM
                        In The High Court At Calcutta
                        Constitution Writ Jurisdiction
                                Appellate Side

                               WPA 18743 of 2024

                                   Gargi Rudra
                                       Vs
                         The State of West Bengal & Ors.


              Mr. Pintu Karar,
              Mr. Sabab Uddin Laskar,
              Mr. Sourav Roy,
                               ......for the petitioner.

              Mr. Biswabrata Basu Mallick,
              Mr. Biman Halder.
                               .....for the DPSC, Hooghly

              Mr. B. P. Vaisya,
              Mr. Ranjan Saha.
                                  .....for the State.



                    Report filed by the Additional Secretary, School

              Education Department signed on 2nd September, 2024

              is taken on record.

                    The issue in the instant case is whether the

              petitioner being an Assistant Teacher of a primary

              school would be entitled to receive House Rent

              Allowance even though her husband is receiving

              House Rent Allowance from his employer in the private

              sector.
                              2




        It appears that the issue has been decided by a

Coordinate Bench of this Court by judgment dated 16 th

March, 2021 in several writ petitions first of which is

WPA 1289 of 2018 (Mousumi Biswas & Anr. -vs

State of West Bengal & Ors). The Court held that the

impugned memo which curtails grant of HRA to the

employees whose spouses work in private sector is

liable to be struck down. The State respondents were

directed to ensure payment of HRA in terms of ROPA

2009.

The report of the Additional Secretary, School

Education Department mentions that an appeal being

MAT 1023 of 2021 with CAN 1 of 2022 over the

selfsame issue is pending consideration before the

Hon'ble Division Bench (The State of West Bengal -

vs. Mita Majumdar & Ors).

It appears that as on date there is no order

staying the operation of the judgment where direction

was passed for payment of House Rent Allowance to

the employees whose working spouses enjoy HRA from

their employer.

Accordingly, the instant writ petition is disposed

of directing the respondent authorities to grant HRA to

the petitioner subject to any order which may be

passed by the Hon'ble Division Bench in the appeal

mentioned hereinabove.

Steps shall be taken to disburse current HRA

and all arrears of HRA at the earliest but positively

within a period of twelve weeks from the date of

communication of this order.

The writ petition stands disposed of.

Urgent photostat certified copy of this order be

supplied to the parties, if applied for, as early as

possible.

(Amrita Sinha, J.)