WPA/23064/2025 of DR.MANAS KUMAR DAS Vs STATE OF WEST BENGAL AND ORS. on 4 August 2026

1. The petitioner is serving as an associate professor in a college. His spouse is also engaged as an assistant teacher in a school but in a different place. The parties stay at different places for attending their services. The distance between the place where the petitioner resides and that of his spouse is far away from each other. Both cannot stay under the same roof for the purpose of attending their duties.

2. The relationship between the petitioner and his wife is acrimonious and a divorce proceeding is pending between the parties before the learned Civil Court. The parties under such circumstances are not in a position to stay under the same roof.

3. The house rent allowance (HRA) of the petitioner has been withheld since 2023 on the ground that his spouse is receiving HRA from her employer.

4. A representation from the petitioner seeking release of HRA is pending consideration before the Director of Public Instruction, Higher Education Directorate, Government of West Bengal for a considerable period of time.

5. Learned counsel for the petitioner relies on an order passed by this Court on April 16, 2026 in WPA No.13726 of 2025 (Surajana Purkait v. The State of West Bengal & Ors.) wherein under similar circumstances the Court directed the authority to release HRA along with interest.

6. Fortified by the said decision, prayer has been made to pass similar order in the instant writ petition.

7. None represents the respondents. Affidavit of service is on record.

8. As it appears that the issue in question has already been decided by this Court, accordingly, in line with the decision passed in the matter of Suranjana Purkait (supra), I am of the opinion that the petitioner would be entitled to receive HRA as he is not in a position to share a common roof with his wife for the purpose of attending his duties. Both parties reside separately and would be entitled to receive separate HRA.

9. The instant writ petition is thus disposed of by directing the Director of Public Instruction, Government of West Bengal, Education Directorate the sixth respondent herein, to act on the petitioner’s representation for releasing him full HRA.

10. The aforesaid authority shall pass an order in this regard in line with the law laid down by the Court in the matter mentioned hereinabove at the earliest but positively within a period of eight weeks from the date of communication of this order. All consequential steps for releasing HRA shall be taken immediately thereafter.

11. As the petitioner would receive HRA after considerable delay, accordingly, the arrear of HRA shall be paid to him along with interest at the rate of 7% p.a. calculated from the due date till the date of actual payment.

12. Learned counsel for the petitioner shall forward a copy of the subject representation and a copy of the order in the case of Suranjana Purkait (supra) to the aforesaid authority at the time of communicating this order.

13. The writ petition stands disposed of.

14. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.

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

(Amrita Sinha, J.)