Shri.P.Mohan Rao v. Andaman And Nicobar Integrated Development Corporation Ltd. And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/305/2025 Shri P. Mohan Rao Vs.

Andaman and Nicobar Integrated Development Corporation Limited & Others.

Mr. Adarsh Ilango ... for the petitioner Mr. Shatadru Chakraborty, Sr. Adv.

Mr. Dibesh Dwivedi ... for the respondents July 03, 2025 [AKB] Item No.6 The petitioner has filed the present application praying for a direction upon the respondent authorities for release of Children Education Allowances.

Learned counsel for the petitioner submits that the petitioner is working as Helper in the Andaman and Nicobar Integrated Development Corporation Limited, but at present is under suspension. The petitioner is having two children who are school going and the petitioner has applied before the authorities for release of Children Education Allowances of the children of the petitioner, but inspite of receipt of the request made by the petitioner the respondent authorities failed to consider the request of the petitioner and to release the Children Education Allowances of the children of the petitioner.

Learned counsel for the petitioner has relied upon the Office Memorandum issued by the government of India,

Ministry of Personnel, Public Grievances and Pensions. Department of Personnel & Training dated 16/17th July, 2018 wherein it is clarified that:

"t) The Children Education Allowance or hostel subsidy shall be admissible to the Govt. servant while he/she is on duty or is under suspension or is on leave (including extra ordinary leave). Provided that during any period which is treated as 'dies non' the Govt. servant shall not be eligible for the CEA/Hostel subsidy for that period." Learned counsel for the respondents has relied upon the Office Memorandum dated 11th November, 2008. In the said Memorandum also it is mentioned that the Children Education Allowance or hostel subsidy shall be admissible to a Govt. servant while he/she is on duty or is under suspension or is on leave (including extra ordinary leave). Provided that during any period which is treated as 'dies non' the Govt. servant shall not be eligible for the Allowance/reimbursement/subsidy for the period.

Considering the submission made by the learned counsel for the respective parties, the Office Memorandums relied by the parties and the averment made in the application, this Court finds that the petitioner has made several representation disclosing the documents for release of Children Education Allowances, but the respondent authorities have neither rejected nor has release the Children Education Allowance in favour of the petitioner.

authorities particularly respondent No.2, the Managing Director, the Andaman and Nicobar Integrated Development Corporation Limited to consider the case of the petitioner in terms of the Office Memorandum dated 16/17th July, 2018 read with Office Memorandum dated 11th November, 2008 and to pass reason and speaking order within a period of three weeks from the date of receipt of this order. WPA/305/2025 is disposed of.

( Krishna Rao, J. )