WPA/10320/2026 of SWARNALI CHATTERJEE (ROY) Vs STATE OF WEST BENGAL AND ORS. on 15 September 2026

1. The petitioner prays for grant of full house rent allowance (HRA) in her favour as her spouse was working in a different State and both the parties resided separately during their service tenure.

2. The petitioner claims that she received full HRA for a brief period of time when she was serving as an assistant teacher in the district of Howrah. Thereafter, she was transferred to a school in the district of North 24 Parganas and her HRA was abruptly stopped by the authority without providing any reason for the same.

3. Learned advocate for the petitioner relies on the Memorandum No. 955-SE(LAW)/SL/5S-1221/09 dated 27th July, 2011 which mentions that if the distance between two working spouses in the State Government is less than 150 Kms but not less than 50 Kms and the said distance is not commutable daily by availing general transport, full HRA as per rule with the approval of the department may be admissible to both working spouses if they live separately.

4. Specific case made out by the petitioner is that the distance between the place of work of the petitioner and her husband is more than 150 Kms and as her husband worked in a different State. The petitioner and her spouse had to live separately because of the long distance between their places of work.

5. The petitioner and her husband resided at far off places and performed their duties regularly. The petitioner prays for grant of full HRA. A legal representation filed on her behalf before the District Inspector of Schools (SE), North 24 Parganas is alleged to be kept pending.

6. After hearing the parties and on perusal of the documents annexed to the writ petition it appears that the petitioner has made out a strong case for grant of full HRA in her favour in accordance with the memorandum of the State mentioned hereinabove.

7. The instant writ petition stands disposed of by directing the District Inspector of Schools (SE), North 24 Parganas to take a decision with regard to the prayer of the petitioner for grant of full HRA in terms of Memo No.955-SE(Law) dated July 27, 2011.

8. An opportunity of hearing shall be granted to the petitioner for production of all documents in support of the statement that her husband resided and worked at a place which was not commutable on regular basis from the place of work of the petitioner.

9. If the prayer of the petitioner is accepted by the authority, then steps shall be taken for releasing full HRA to her along with interest at the rate of six percent per annum to be calculated on the due amount from the due date till the date of actual payment.

10. Steps 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.

11. Learned advocate for the petitioner is directed to forward all the necessary documents to the aforesaid respondent in support of her claim at the time of communicating the order of this Court.

12. All parties are to act on the server copy of this order duly downloaded from the official website of this court.

13. Certified server copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J]