Moumita Talukder v. State Of West Bengal And ORS.

04.11.2025 AGM Sl. No.67 (ML) Ct. No.18.

In The High Court At Calcutta Constitution Writ Jurisdiction Appellate Side WPA 22930 of 2025 Moumita Talukder Vs The State of West Bengal & Ors.

Mr. Saikat Sutradhar.

......for the petitioner.

1.

Affidavit-of-service filed in Court today be kept with the records.

2.

The petitioner is aggrieved by the stoppage of house rent allowance that she was receiving as per her entitlement without any notice.

3.

It has been submitted that the petitioner was receiving house rent allowance @ Rs. 5,928/- per month in the year 2020. The same was abruptly stopped on and from March 2020 till June 2023. However, from July 2023 to June 2025 house rent at a reduced rate @ Rs. 1,999/- per month was paid to her. No reason whatsoever has been disclosed for stoppage or decrease of the house rent allowance.

4.

The petitioner assumes that as her husband is working in a private organization, the authority

may have stopped the house rent allowance which she is entitled to in accordance with law. 5.

A coordinate Bench of this Court on 24th April, 2025 in WPA 6926 of 2025 (Kanta Bandyopadhyay -vs- The State of West Bengal & Ors.) was pleased to direct the authority to release house rent allowance, both current and arrear, in favour of the petitioner along with interest at the rate of 6% p.a. from the date on which the same became payable till the date of actual payment. Till date there is no order setting aside/staying of operation of the aforesaid decision passed by the superior forum.

6.

The fact that the petitioner was paid house rent allowance implies that she is entitled to receive the same. It was absolutely improper for the authority to suddenly stop and/or decrease the amount of house rent allowance payable to her. 7.

In view of the above, the instant writ petition is disposed of by directing the District Inspector of Schools (SE), North 24 Parganas to take steps for releasing the house rent allowance of the petitioner which she was receiving along with the arrears at the earliest but positively within a period of eight weeks from the date of communication of this order.

8.

The petitioner shall be paid interest at the rate of 6% p.a. on the arrears from the date it fell due till the date of actual payment. The current house rent allowance shall be paid promptly on the due date.

9.

The writ petition stands disposed of.

10.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)