KABITA 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 in Court is taken on record.

(3.) Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is an approved Assistant Teacher at the Chittaranjan Colony Hindu Vidyapith for Girls (H.S.), District North 24 Parganas The spouse of the petitioner being an employee of a private company is receiving House Rent Allowance (HRA) as a separate engagement. The concerned District Inspector of Schools 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 since July, 2024. 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.) has quashed the aforementioned Memorandum of 2018. 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 individual 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.