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2022 Supreme(Cal) 1149

MOUSHUMI BHATTACHARYA
Chhanda Dutta – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Ekramul Bari, Advocate, Siddhartha Sankar Mondal, Advocate, Tanuja Basak, Advocate, Imtiaz Uddin, Advocate, Chaitali Bhattacharya, Advocate, Subhendu Roychoudhury, Advocate

JUDGMENT

Moushumi Bhattacharya, J. - The petitioner retired as the assistant Headmistress of Balurghat Girls High School upon attaining the age of superannuation on 30th June 2017. The petitioner has challenged a decision of the District Inspector (DI) dated 14th May 2018 by which the petitioner was directed to refund the House Rent allowance (HRa) on the basis of salary drawn in excess. The petitioner also claims a direction on the respondents to release her pensionary benefits along with accrued interest.

2. according to learned counsel appearing for the petitioner, the petitioner had to take accommodation in the building adjacent to the school which was maintained by the school authority and was in the nature of a private arrangement. Counsel submits that the petitioner paid rent to the school for the accommodation. Counsel relies on a resolution of the Managing Committee dated 26th February 2009 which decided that the teachers who opted to stay at the Teachers Hostel would have to pay for the maintenance and renovation including electricity charges. Counsel places a letter of the President of the School dated 24th September 2016 which informed that HRa would be deducted from all

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