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Calcutta High CourtWPA/5159/2025disposed

Sima Murmu v. State Of West Bengal And ORS.

2025-03-12Hon'Ble Justice Saugata Bhattacharyya3 pages

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12.03.2025 12.03.2025 Ct. No. 18 (ARPAN) W.P.A. 5159 of 2025 Sima Murmu Vs.

The State of West Bengal & Ors.

Mr. Pradip Saren Mr. Soumik Ghosh Ms. Saheli Hembrom ...for the Petitioner Mrs. Jhuma Chakraborty, Sr. Adv.

Ms. Munmun Tewary ...for the State Mr. Suvodip Bhattacharjee Mr. Balaram Patra ...for Respondent No.4 Affidavit-of-service filed on behalf of the petitioner is taken on record.

The grievance of the petitioner is petitioner being an Assistant Teacher received house rent allowance till the month of June, 2022. Subsequently, there was dissolution of marriage by a divorce decree on mutual consent dated 22nd September, 2023. It is submitted that house rent allowance is being paid from October, 2024 but from July, 2022 till September, 2024, house rent was not released in favour of the petitioner.

School authority is represented by learned advocate who submits unless a declaration form is filled up by the petitioner for processing claim of house rent allowance, steps cannot be taken for releasing the same in her favour.

State respondents are represented by learned advocates and it is submitted that house rent allowance was paid till the month of June, 2022. It is also

submitted that after dissolution of marriage house rent allowance was released from the month of October, 2024 but petitioner can be paid house rent allowance from the date following the date of divorce decree dated 22nd September, 2023 till September, 2024 on compliance of necessary formalities.

Having considered the respective submissions made on behalf of the parties, Court directs the school authority as well as District Inspector of Schools (S.E.), Kolkata to release house rent allowance in favour of the petitioner for the period from 23rd September, 2023 till September, 2024 upon submitting declaration through the school authority by the petitioner.

Petitioner is directed to submit necessary declaration through the school authority by four (4) weeks from date before the District Inspector of Schools (S.E.), Kolkata and on receipt of declaration the concerned District Inspector of Schools (S.E.) is directed to release house rent allowance by four (4) weeks thereafter.

If petitioner furnishes necessary declaration for the period from July, 2022 till 22nd September, 2023, in that event school authority and the concerned District Inspector of Schools (S.E.) shall take necessary steps for expeditious release of house rent allowance in favour of the petitioner.

With the above directions, writ petition stands disposed of.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)