Chaitali Halder v. The State Of West Bengal And ORS.

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(DL) (DL) 28.03.2025 28.03.2025 Ct. No. 18 (ARPAN) W.P.A. 5778 of 2025 Chaitali Halder Vs.

The State of West Bengal & Ors.

Mr. Ujjal Ray Sk. Abdur Rahim ...for the Petitioner Mr. Jahar Datta Mr. Bipin Ghosh ...for the State Affidavit-of-service filed on behalf of the petitioner is taken on record.

Grievance of the petitioner is for separate periods of service which petitioner has rendered in different schools in different districts, she is entitled to receive house rent allowance. However, it is candidly admitted by the learned advocate representing the petitioner that continuously petitioner is not entitled to receive house rent allowance since at some point of time petitioner was residing with her husband who is Central Government employee. Husband of the petitioner was drawing house rent allowance as a result whereof petitioner was not entitled for particular periods to draw house rent allowance when petitioner was staying with her husband. It is further submitted on behalf of the petitioner that at present petitioner is entitled to receive house rent allowance since husband of the petitioner is working at Haldia and she is working in Kolkata.

Indicating details of such periods when petitioner was entitled to draw house rent allowance, one

representation which is at pages 44 to 46 of the writ petition has been made to the State authorities including Commissioner of School Education, West Bengal on 30th September, 2024 and same is pending for consideration. State respondents are represented by learned advocate who has submitted since the issue is pending before the State authorities, a direction may be given for consideration of the same, in accordance with law. Having considered the respective submissions made on behalf of the parties, writ petition stands disposed of directing the Commissioner of School Education, West Bengal being respondent no.5 to take decision on the representation of the petitioner dated 30th September, 2024 by twelve (12) weeks from the date of communication of this order. Before taking decision petitioner or her representative shall be granted opportunity to make deliberations before the respondent no.5. The decision to be taken by respondent no.5 shall be communicated to the petitioner by ten (10) days thereafter.

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

(Saugata Bhattacharyya, J.)