Sudipta Gupta Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

Sudipta Gupta Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Director of Public Instructions, Government of West Bengal (respondent no.6) to release the petitioner's H.R.A. for January 2021 to July 2022 within three weeks, subject to the decision in pending MAT 1023 of 2021; writ petition disposed of without any order as to costs.

Issue for consideration

Whether the petitioner, an Assistant Professor whose H.R.A. was stopped from January 2021 pursuant to Memo No.644-Edn(CS)/3A-04/2019 dated November 11, 2020 (based on the Finance Department's Memo dated December 27, 2018), is entitled to release of H.R.A. for January 2021 to July 2022 notwithstanding the pendency of appeal MAT 1023 of 2021 against the co-ordinate Bench judgment quashing the said Memorandum.

Court's answer

Mere pendency of the appeal (MAT 1023 of 2021) would not operate as a bar to allow the prayer of the petitioner.

Ratio / Principle

The Director of Public Instructions, Government of West Bengal (respondent no.6) is directed to release the petitioner's H.R.A. for the period January 2021 to July 2022 within three weeks from communication of the order, such payment being subject to the decision of the pending appeal MAT 1023 of 2021.

Detailed headnote1 paragraphs

Writ petition by an Assistant Professor of English at Women's College, Calcutta, seeking release of House Rent Allowance withheld from January 2021 to July 2022 pursuant to Memo No.644-Edn(CS)/3A-04/2019 dated November 11, 2020 of the Department of Higher Education, issued on the basis of the Finance Department's Memo dated December 27, 2018. Held: the co-ordinate Bench having quashed the Memorandum dated December 27, 2018 in WPA 1389 of 2018 (Mousumi Biswas & Anr. vs The State of West Bengal & Ors.) and there being no order staying that judgment, mere pendency of MAT 1023 of 2021 (The State of West Bengal & Ors. vs Mita Majumder & Ors.) would not operate as a bar to the petitioner's prayer; the Director of Public Instructions, Government of West Bengal (respondent no.6) directed to release the H.R.A. for January 2021 to July 2022 within three weeks, payment subject to the decision in the pending appeal. Writ petition disposed of without costs; no affidavit invited, allegations deemed denied.

21.04.2025 Item No.31,DL Court No.17 AJ. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION

W.P.A. 7721 of 2025

Sudipta Gupta

-Vs-

The State of West Bengal & Ors.

Mr. N.C. Bihani, Mr. Soumya Mukherjee. …..for the petitioner. Mr. Biswabrata Basu Mallick, Ld. A.G.P., Mr. Sayan Ganguly. …..for the State. Affidavit of service filed on behalf of the petitioner be kept with the record.

The petitioner is an Assistant Professor of English at Women’s College, Calcutta.

The petitioner is alleging that her House Rent Allowance (‘H.R.A.’ in short) was not paid to her for the period from January, 2021 to July 2022 and is praying release of the same.

Mr. Bihani, learned senior advocate for the petitioner submits that the HRA was denied to the petitioner for the said period since her husband, being an employee of a private organization, was also receiving H.R.A, however on and from August 20, 2022, the petitioner is receiving the said H.R.A. as her husband has left his said job.

It appears from the record that the H.R.A. of the petitioner was stopped in terms of the order of the Department of Higher Education, Government of West Bengal bearing Memo No.644-Edn(CS)/3A-04/2019 dated November 11, 2020. The said order was issued on the basis of the Finance Department’s Memo No.8012F(P2)/FA/O/2M/206/17(N.B.) dated December 27, 2018.

2

A co-ordinate Bench of this Court by the judgment and order dated March 16, 2021 passed in WPA 1389 of 2018 (MOUSUMI BISWAS & ANR. vs . THE STATE OF WEST BENGAL & ORS.) along with other connected matters has quashed the said Memorandum dated December 27, 2018.

Though an appeal being MAT 1023 of 2021 (THE STATE OF WEST BENGAL & ORS. vs . MITA MAJUMDER & ORS.) is pending against the said judgment and order but there is no order staying the operation of the said judgment and order.

Mere pendency of the appeal would not operate as a bar to allow the prayer of the petitioner, therefore the Director of Public Instructions, Government of West Bengal, the respondent no.6 herein is directed to release the H.R.A. of the petitioner for the period from January 2021 to July 2022 within a period of three weeks from the date of communication of this order but such payment of H.R.A. is subject to the decision of the said pending appeal being MAT 1023 of 2021.

WPA 7721 of 2025 is disposed of with the above terms without any order as to costs.

Since no affidavit has been invited, the allegations made in the writ petition are deemed to have been denied by the respondents.

Urgent Photostat certified copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)