Calcutta High Court

WPA/13038/2026 of DEBAMITA DAS Vs STATE OF WEST BENGAL AND ORS. on 22 September 2026

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Court No.24 pg. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 13038 of 2026 Debamita Das -versus The State of West Bengal & Ors. Mr. Sakti Pada Jana Mr. Subhajyoti Das … For the petitioner 1. Affidavits of service filed in Court today be

22.09.2026

Court No.24

pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

WPA 13038 of 2026

Debamita Das

-versus

The State of West Bengal & Ors.

Mr. Sakti Pada Jana

Mr. Subhajyoti Das

… For the petitioner

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1. Affidavits of service filed in Court today be retained with the records.

2. In spite of service, none appears on behalf of the respondents.

3. The petitioner claims house rent allowance for the period 1st January, 2020 to 31st October, 2022. Her spouse served at Hyderabad during that period of time.

4. The prayer of the petitioner seeking house rent allowance was forwarded by the District Inspector of Schools (SE), Kolkata to the Commissioner of School Education, West Bengal in February 2022 but the same has not been disposed of till date.

5. The petitioner filed legal representation before the District Inspector of Schools (SE), Kolkata in February 2026 which is alleged to be kept pending.

6. Prayer has been made to direct the DI to consider her prayer for grant of HRA for the aforesaid period.

7. The instant writ petition stands disposed of by directing the District Inspector of Schools (SE), Kolkata to take a decision on the petitioner’s prayer for grant of house rent allowance for the aforesaid period as the petitioner and her husband were compelled to reside separately due to their official duties and would, accordingly, be entitled to receive house rent allowance in terms of the Memorandum of the School Education Department, Government of West Bengal, being No.955- SE (Law)/SL/5S-1221/109 dated 27th July, 2011.

8. A decision shall be taken in the matter at the earliest but positively within a period of twelve weeks from the date of communication of this order.

9. A reasoned order shall be passed by the aforesaid authority and if the prayer of the petitioner is accepted, then necessary consequential steps for releasing the arrear house rent allowance shall be taken.

10. An opportunity of hearing shall be provided to the petitioner for production of documents in support of the submission that the petitioner resided separately from her husband during the aforesaid time period.

11. The writ petition stands disposed of.

12. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

13. Certified server copy of this order, if applied for, be supplied to the parties on compliance of all requisite formalities.

(Amrita Sinha, J.)

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