Indrani Majee @ Indrani Paul (Majee) vs The State Of West Bengal & Ors
2024 Latest Caselaw 5003 Cal

Calcutta High Court (Appellete Side)

Indrani Majee @ Indrani Paul (Majee) vs The State Of West Bengal & Ors on 26 September, 2024

Author: Jay Sengupta

Bench: Jay Sengupta

                          HIGH COURT AT CALCUTTA

                     CONSTITUTIONAL WRIT JURISDICTION

Present:

THE HON'BLE JUSTICE JAY SENGUPTA



                              WPA 22492 of 2024


                          Indrani Majee @ Indrani Paul (Majee)
                                         Versus
                       The State of West Bengal & Ors.




For the petitioner               :        Ms. Debjani Sengupta
                                          Ms. Koyel Bag


For the State                   :         Mr. Supriyo Chattopadhyay
                                          Mr. Sabyasachi Mondal


Heard on                            :     26.09.2024

Judgment on                          :    26.09.2024




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 Headmistress

at Santamayee Girls' High School. 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.), Purulia, 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,
                           3




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 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 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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