LAWS(CAL)-2023-7-8

SHANTI CHAKRABORTY Vs. STATE OF WEST BENGAL

Decided On July 11, 2023
Shanti Chakraborty Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The instant writ application has been preferred challenging, inter alia, a letter dated November 16, 2017 vide Memo No. 68-ES/audit/12A-47/17, Corrigendum No. 8012-F dated December 27, 2018 issued by Finance Department of West Bengal herein respondent No.2 and direction given by District Inspector of Schools (S.E), Paschim Bardhaman herein respondent No.5 by which one Shanti Chakraborty herein the writ petitioner's claim for withdrawal of full House Rent Allowance (hereinafter referred to as HRA) was refused.

(2.) The facts of the case are that the petitioner was initially appointed to the post of assistant teacher in Bijoygram Girl's Jr. High School, Burdwan on August 25, 2010. Subsequent thereto, she was transferred to Panagarh Bazar High School on July 1, 2015. Post joining to the stated posts; the writ petitioner had been drawing a salary as mandated in the scale of pay. Such salary with permissible components also included inter alia, the specific component of HRA payable as per the Revision of Pay and Allowance Rules (ROPA), subject to pertinent Government Orders/Circulars issued in consonance with ROPA Rules from time to time.

(3.) The petitioner got married to one Mr. Sandip Banerjee on May 3, 2015 and from the very next day of her marriage started residing at her matrimonial house at Banerjee Para, Near-Salanpur Free Primary School, Village and postSalanpur, Paschim Bardhaman, Pin 713214. Starting November 2015, the spouse of petitioner has been working in Tata Steel and for his job location resides at Jajpur, Odisha. The spouse of the petitioner drew an amount of Rs.6500.00 towards HRA. All such particulars had been supplied by the petitioner to Headmaster, Panagarh High School herein respondent No. 7 in pursuance of para 10 of Memo No. 97-SE (B) dated March 7, 2001.