Ritusanhita Kuila Sarkar And ORS. v. State Of West Bengal And ORS.
HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION
Present:
THE HON'BLE JUSTICE JAY SENGUPTA WPA 25050 of 2022 Ritusanhita Kuila Sarkar & ors.
Versus
The State of West Bengal & Ors.
For the petitioners :
Mr. Sobhan Majumder Ms. Kalpita Paul For the State :
Mr. Pinaki Dhole Mr. Ananya Neogi Heard on :
14.08.2024 Judgment on : 14.08.2024 JAY SENGUPTA, J:
This is an application, inter alia, praying for release of House Rent Allowance, current and arrears, in favour of this petitioner.
Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner nos.1 and 2 are an approved Assistant Teacher at the Chittaranjan Colony Hindu Vidyapith. The petitioner no.3 is an approved Assistant Teacher at the Deshapriya Balika Vidya Mandir. The respective husbands of the petitioners being employees of private company are receiving House Rent Allowance (HRA) as a separate engagement. The District Inspector of Schools (S.E.), North 24-Parganas, relying on the Memorandum of the Finance Department (Audit Branch), Government of West Bengal bearing No.5839-F(P) dated July, 09, 2012 and the Corrigendum Memorandum thereto bearing No.8012-F(p2)/FA/O/2m/206/17(N.B.) dated December 27, 2018 stopped the payment of HRA to the petitioner. A Coordinate Bench of this Court by the judgment dated March 16, 2021 passed in WPA 1389 of 2018 (Mousumi Biswas & Ors.
State of West Bengal & Ors.) has quashed the aforementioned memoranda. An appeal being MAT 1023 of 2021 (The State of West Bengal & Ors. vs. Mita Majumder & Ors.) against the said judgment and order of the said Coordinate Bench is pending. But, no order of stay has been passed in the said appeal. Relying on this judgment, relief has been granted to a similarly circumstanced Assistant Teacher by an order dated 21.05.2024 passed in WPA 14006 of 2024. In view of the same,
the petitioners would be entitled to full HRA along with interest on the arrears.
Learned counsel appearing on behalf of the petitioners also undertakes that his clients would pay the deficit Court fees by 15.08.2024.
Learned counsel appearing on behalf of the State denies the allegations made in the writ petition and submits that if, at all, any relief is granted to the petitioner, the same has to be subject to the decision of the appeal being MAT 1023 of 2021. It appears that the above-referred memoranda were quashed by a Coordinate Bench of this Court. However, an appeal is pending over the issue. But, no stay has been granted in the said appeal.
Relying on the said decision, another Coordinate Bench of this Court has granted appropriate relief towards similarly circumstanced Assistant Teacher.
In the present facts, I find no reason to take a different view.
Therefore, the concerned respondent authorities are directed to release the HRA, both current and arrear to the petitioners, the arrear thereof be paid to the petitioners with interest @ 6% per annum from the date on which it became
payable till the date of payment. Such payment shall be made within a period of six weeks from the date of communication of this order.
It is, however, made clear that the payment of HRA in terms of this order is subject to the result of the above referred pending appeal.
Accordingly, the writ petition is disposed of, without any order as to costs.
As affidavits were not called for, allegations contained in the writ petition are deemed not to have been admitted. Urgent Photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J) ssi