Urmi Ghosh Alias Chakraborty v. State Of West Bengal And ORS.

Ml 622 Dt.01.04.24 sandip Ct. 18 30.04.2024 W.P.A. 22786 of 2023 Urmi Ghosh alias Chakraborty Vs.

The State of West Bengal & Ors.

Mr. Malay Bhattacharyya, Mr. Subhrojyoti Ghosh ... For the petitioner. Mr. Anand Farmania (VC), Mr. Nilay Baran Mandal ... For the State. Affidavit of service filed on behalf of the petitioner be kept with the record.

The petitioner is an Assistant Teacher at Salkia Kedarnath Babulal Rajgarhia Girls' High School, District - Howrah. The husband of the petitioner is an employee of a private company.

The Headmistress of the said school, the respondent no. 6 herein, by the impugned letter dated September 11, 2023 has asked the petitioner to inform as to whether she or her spouse will adjust the HRA amount drawn in excess of the ceiling limit. The said letter is based on the Memorandum of the Finance Department bearing No. 5839 - F(P) dated July 09, 2012 and the corrigendum Memo thereto bearing No. 8012-F(P2)/FA/O/2m/206/17(N.B.) dated December 27, 2018.

A Co-ordinate Bench of this Court by the judgment dated March 16, 2021 passed in WPA 1389 of 2018 (Mousumi Biswas & Ors. vs. State of West Bengal

& Ors.) has struck down the aforesaid Memos dated July 09, 2012 and December 27, 2018. This Court in WPA 27461 of 2022 (Dr. Sahadev Bandyopadhyay vs. The State of West Bengal & ors.) has also expressed similar view.

In view of such, petitioner is not obliged to furnish a reply to the impugned letter.

W.P.A. 22786 of 2023 is disposed with the above without any order as to costs.

Since no affidavit has been invited, the allegations made in the writ petition are deemed to have denied by the respondents.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)