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2013 Supreme(Cal) 47

PRANAB KUMAR CHATTOPADHYAY, TARUN KUMAR DAS
Latika Sahu – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
For the Appellant:D.N. Roy, Ashutosh Pandey, Ms. Sarbani Chakraborty, Advocates. For the Respondents:Amitesh Banerjee, Manoranjan Jana, Ms. Debjani Sengupta, Ramaprasad Sarkar, Advocates.

JUDGMENT

Pranab Kumar Chattopadhyay, J.

By Consent of the parties, we have heard both the appeal and the connected application wherein we are to decide mainly whether the appellant/petitioner is entitled to get full House Rent Allowance notwithstanding the fact that her husband is also drawing House Rent Allowance from his employer.

The appellant herein was appointed as a Junior Assistant in Vidyasagar University in the year 1989 and subsequently, she was promoted to the post of Senior Assistant. The husband of the appellant is an employee of Indian Oil Corporation and now posted at Paradip in the State of Orissa. In terms of Memorandum being No. 1691-F dated 23rd February, 2009 issued by the Finance Department, Audit Branch, Govt. of West Bengal, the house rent allowance admissible to a Government employee with effect from 1st April, 2009 is 15% of the revised basic pay subject to a maximum of Rs. 6000/-permonth. The ceiling of house rent allowance drawn by the husband and the wife together has also been raised to Rs. 6000/-per month. The logic behind the aforesaid ceiling is that the husband and the wife are expected to reside under the same roof and, therefore, house rent allow
















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