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2025 Supreme(Online)(Cal) 2692

CALCUTTA HIGH COURT
Jay Sengupta, J
Sikha Karmakar (Roy) – Appellant
Versus
The State of West Bengal & Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Ekramul Bari, Mr. Sk. Imtiaj Uddin
For the Respondents: Mr. Jaharlal Dey, Ms. Sukla Das Chandra, Mr. Gourav Das

Table of Content
1. the court directs adherence to existing rules excluding impugned policies and mandates reimbursement of due hra. (Para 49)

For the petitioner : Mr. Ekramul Bari Mr. Sk. Imtiaj Uddin For the State : Mr. Jaharlal Dey Ms. Sukla Das Chandra For the DPSC (South 24 Parganas) : Mr. Gourav Das Heard on : 04.07.2025 Judgment on : 04.07.2025 JAY SENGUPTA, J:

1. Affidavit-of-service filed in Court today are kept with the record. 2. The writ petitioner is a Primary Teacher under the State. The subject matter of challenge is Memo No. 5839-F(P) dated July 9, 2012 and Corrigendum dated December 27, 2018, issued by the Secretary, Finance Department, Government of West Bengal and the Memo No. 68-ES/Audit/12A-47/17 dated November 16, 2017, issued by the Special Secretary, School Education Department, Government of West Bengal.

3. House Rent Allowance paid to Assistant Teachers under the State is normally linked to the HRA paid to their spouses who are also employed with the State Authority. The object is to ensure that a double benefit of HRA is not availed by a couple staying under the same roof.

4. The impugned memos however, sought to apply the said rule even to those Assistant Tea

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