Rakhi Das @ Rakhi Das Chandra v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side Before:

The Hon'ble Mr. Justice Jay Sengupta WPA 27739 of 2022 Rakhi Das @ Rakhi Das Chandra Vs.

The State of West Bengal & Ors.

For the Petitioner :

Ms. Debjani Sengupta, Mr. Abhijit Chatterjee, Ms. Koyel Bag.

For the State :

Mr. Bhaskar Prasad Vaisya ld AGP, Mr. Ranjan Saha.

For the Respondent No.3 :

Mr. Suman Basu Heard on :

07.08.2024 Judgement on :

07.08.2024 Jay Sengupta , J. :

This is an application, inter alia, for release of House Rent Allowance, current and arrears, in favour of the petitioner. Affidavits of service filed on behalf of the petitioner are taken on record. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is an approved Assistant Teacher at the Bagbazar Multipurpose Girl's School. The husband of the petitioner, being an employee of a private

company, is receiving House Rent Allowance (HRA) as a separate engagement. The District Inspector of Schools (S.E.), Kolkata, 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 payment of HRA to the petitioner since January, 2017. 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.) 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 petitioner would be entitled to full HRA along with interest on the arrears. 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 in favour of similarly circumstanced Assistant Teacher.

In the present facts which are quite similar, I find no reason to take a different view.

Therefore, the concerned respondent authorities are directed to release the HRA, both current and arrears in favour of the petitioner, the arrear thereof be paid to the petitioner 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. Learned counsel appearing on behalf of the respondent no.3 submits that his client has no role to play in this and the decision has to be taken by the employer.

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 may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.) NB/01