Suparna Das Sarkar v. State Of West Bengal And ORS.

02.04.2024 (M/L 50) Ct.-18 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 28931 of 2023 Suparna Das Sarkar -Vs- The State of West Bengal & Ors.

Mr. Sudip Ghosh Choudhury, .... For the Petitioner.

Ms. Rama Halder, Ms. Tanuja Basak, .... For the State.

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

The petitioner is an Assistant Teacher at Kinkarbati Agricultural Institution, District- Hooghly of the subject 'Political Science'.

The grievance of the petitioner is that her House Rent Allowance (HRA) has been stopped since April, 2016. Ms. Rama Halder, learned advocate for the Staterespondents submits that she has the instruction of the District Inspector of Schools (S.E), Hooghly, the respondent no. 4 herein, she files photocopy of the said instruction bearing Memo No. 03/Law/SE dated January 08, 2024, let it be kept with the record.

It appears from the said instruction that the HRA of the petitioner has been stopped as per G.O. 5839-F(P) dated July 09, 2012 issued by the Finance Department, Government of West Bengal.

Mr. Sudip Ghosh Choudhury, learned advocate for the petitioner submits that the said Government Order has been set aside by the Co-ordinate Bench in the judgment dated

March 16, 2021 passed in W.P.A. 1389 of 2018 along with other writ petitions.

The representation of the petitioner dated March 25, 2023 praying release of the current and arrear House Rent Allowance is pending consideration before the respondent no. 4, she prays that the said respondent may be directed to dispose of the said representation.

W.P.A. 28931 of 2023 is disposed of by directing the respondent no.4 to dispose of the said representation of the petitioner in accordance with law, obviously taking into consideration the abovementioned judgment of the Coordinate Bench of this Court. The entire exercise in this regard shall be completed within a period of four weeks from the date of communication of this order.

Parties to act on the server copy of this order duly downloaded from the official website of the 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.)