Paulamy Datta v. State Of West Bengal And ORS.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 16121 of 2025 20.08.2025 rkd Ct.18 DO Paulamy Datta -vsThe State of West Bengal & Ors.
Mr. Ujjal Ray ....for the petitioner.
Mir Anuruzzaman ....for the State.
1.
Affidavit of service filed on behalf of the petitioner is taken on record.
2.
Petitioner being an Assistant Teacher of Bangur Avenue High School for Girls, North 24 Parganas has come up with the present writ petition, inter alia, questioning non-payment of full house rent allowance in certain months during the period from 1st January, 2013 to 29th February, 2024.
3.
It is submitted by the learned advocate representing the petitioner that intermittently full house rent allowance was not paid during the aforesaid period.
4.
However, from March, 2024 petitioner is getting full house rent allowance in spite of the fact that husband of the petitioner is working in private organization and is getting house rent allowance.
5.
It is submitted once full house rent allowance is sanctioned in favour of the petitioner from the month of March, 2024 petitioner is also entitled to receive full house rent allowance for the months in respect of which entire amount was not paid.
6.
State respondents are represented by learned advocate who has opposed this writ petition and submitted that still appeal is pending before the Hon'ble Division Bench which was preferred by the State authorities against the judgment delivered by a coordinate Bench on a batch of matter first one being WPA 1389 of 2018 (Mousumi Biswas & Anr. v. State of West Bengal & Ors.).
7.
When petitioner is being paid full house rent allowance as it is submitted by the learned advocate representing the petitioner from the month of March, 2024 why in respect of certain months during the period from 1st January, 2013 to 29th February, 2024 full house rent allowance was not paid needs to be decided by the concerned State respondents.
8.
Leave is granted to the petitioner to prefer a representation to District Inspector of Schools (SE), Barrackpur, North 24 Parganas being respondent no.7 by fortnight from date claiming unpaid house rent allowance for the period from 1st January,
2013 to 29th February, 2024 based on calculation made by the school authority as it appears from page 69 of the writ petition.
9.
If such representation is made within the aforesaid time, respondent no.7 shall decide the same by passing reasoned order after affording opportunity of hearing to the petitioner and the school authority or their representatives within a period of eight weeks thereafter.
10. The decision to be taken by the respondent no.7 shall be communicated to the petitioner by fortnight thereafter.
11. The writ petition stands disposed of.
12. However, there shall be no order as to costs.
13. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Saugata Bhattacharyya, J.)