Calcutta High Court (Appellete Side)
Mrs. Chaitali Halder Nee Ghosh ... vs The State Of West Bengal & Ors on 13 September, 2024
Author: Jay Sengupta
Bench: Jay Sengupta
HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
Present:
THE HON'BLE JUSTICE JAY SENGUPTA
WPA 21188 of 2024
Mrs. Chaitali Halder nee Ghosh Chowdhury
Versus
The State of West Bengal & Ors.
For the petitioner : Mr. S. K. Bhattacharyya
Mr. Sarthak Burman
For the State : Mr. Rajarshi Basu
Mr. Ananda Dulal Sarkar
Heard on : 13.09.2024
Judgment on : 13.09.2024
JAY SENGUPTA, J:
This is an application, inter alia, praying for release of
House Rent Allowance, current and arrears, in favour of the
petitioner.
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Affidavit of service filed on behalf of the petitioner is taken
on record.
Learned counsel appearing on behalf of the petitioner
submits as follows. The petitioner is an approved Assistant
Teacher at Bamanmura Kusum Kumari Balika Vidyalaya (H.S).
The husband of the petitioner being an employee of a private
company is receiving House Rent Allowance (HRA) as a separate
engagement. The Additional District Inspector of Schools (S.E.),
Basirhat, 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 memoranda. 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
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2024. In view of the same, the petitioner would be entitled to full
HRA along with interest on the arrears.
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.
It appears that the above-referred memoranda 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.
In the present facts which are quite similar, I find no
reason to take a different view.
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.
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.
Accordingly, the writ petition is disposed of.
As affidavits were not called for, allegations contained in
the writ petition are deemed not to have been admitted.
Urgent photostat certified copy of this order may be
supplied to the parties expeditiously, if applied for.
(Jay Sengupta, J)
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