IVI GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application, inter alia, praying for release of House Rent Allowance, current and arrears, in favour of the petitioner.

(2.) Affidavit of service filed on behalf of the petitioner is taken on record.

(3.) Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is an approved Assistant Teacher at Gadpukuria Siddiquia Senior Madrasha, previously working as Assistant Teacher in Debkunda High Madrasah (Higher Secondary). 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.), North 24 Parganas and the Additional District Inspector of Schools (S.E.) Bongaon Sub-Division and the District Inspector of Schools (S.E.), Murshidabad, 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 and Ors. State of West Bengal and Ors.) has quashed the aforementioned memorandum of 2018. An appeal being MAT 1023 of 2021 (The State of West Bengal and Ors. vs. Mita Majumder and 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 dtd. 21/5/2024 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.