Chaitali Mondal v. State Of West Bengal And ORS.

04.02.

Ct. No. 24 Ab WPA 1455 of 2026 Chaitali Mondal Vs.

The State of West Bengal and others.

--------------- Mr. K.M. Hossain, Ms. Tanuja Basak, Ms. Esha Basak.

... for the petitioner.

Mr. Swapan Kumar Dutta, Mr. Dipankar Das Gupta.

... for the State.

1. The petitioner is an Assistant Professor in Vivekananda Mahavidyalaya, Burdwan.

The petitioner has been appointed sometime in the year 2017 and is discharging her duties diligently and without any default.

2. The petitioner's husband is an Assistant Professor in the department of Physics of the Magadh University in Bodh Gaya, Bihar.

3. The petitioner and her spouse are residing in two different States and the petitioner had been enjoying full House Rent Allowance from the date of joining, which was reduced suddenly some time from July 2020 on the ground that the petitioner's husband is also an Assistant Professor and is entitled to and is receiving House Rent Allowance.

4. The petitioner and her husband are employed in Universities in two separate States and there is absolutely no reason as to why the House Rent

Allowance of the petitioner should not be given, merely on the basis that her husband is also an Assistant Professor. The petitioner has to commute approximately 370 kilometers on a daily basis to reach her college and is entitled to claim House Rent Allowance in accordance with law.

5. The petitioner had made a representation before the college authorities, which has since been ignored without any response.

6. The petitioner is directed to file a representation with the respondent no. 4 by February 20, 2026 claiming such House Rent Allowance.

The respondent no. 4, even if there is no policy or guidelines, will be guided by the principles enunciated in the similar allowance for the school teachers of the Government of West Bengal in any relevant memorandum.

7. The respondent no. 4 will give adequate prior notice of hearing and afford an opportunity of hearing to the petitioner. The entire process should be completed by March 20, 2026. The respondent no. 4 will deal with the representation and dispose of the same by a reasoned order, which shall be communicated to the petitioner by March 31, 2026.

8. With these afore-stated directions, the writ petition is disposed of.

9. I make it clear that I have not gone into the merits

of the matter and the respondent no. 4 will be at liberty to decide the matter uninfluenced by any observations in this order.

10. There shall, however, be no order as to costs.

11. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Reetobroto Kumar Mitra, J.)