28th Jan., 2026 In the High Court at Calcutta Item nos.D/L 31&32 Court No. 18 Constitutional Writ Jurisdiction Pradip, A.R.(Ct.)

Appellate Side Case No. WPA 7026 of 2023 In the matter of : Santanu Adak …. Petitioner VS.

The State of West Bengal & Ors.

….Respondents For the Petitioner: Mr. Ekramul Bari Mr. Salauddin Ahamed Mr. Sk. Imtiaj Uddin ….Advocates For the State:

Mr. Arindam Chakraborty Ms. Lipika Chatterjee ….Advocates For the Respondent nos. 4 &5:

Mr. Saibal Acharyya Mr. Pradip Paul ….Advocates WITH Case No. WPA 25604 of 2018 In the matter of : Santanu Adak …. Petitioner VS.

The State of West Bengal & Ors.

….Respondents For the Petitioner: Mr. Ekramul Bari Mr. Salauddin Ahamed Mr. Sk. Imtiaj Uddin ….Advocates For the State:

Mr. Rajendra Chaturvedi ….Advocates For the Respondent nos. 4 &5:

Mr. Saibal Acharyya Mr. Pradip Paul ….Advocates In Re:- WPA 7026 of 2023

1. The petitioner was a school teacher who retired from service on 31^st May, 2022 and has not received his terminal dues allegedly because the issue of House Rent Allowance has not been properly ascertained.

2. The issue of payment of House Rent Allowance to the petitioner has been directed to be reconsidered by the Commissioner of School Education within a period of two months vide order dated 28^th January, 2026 in WPA 25604 of 2018.

3. In the instant writ petition, the petitioner has challenged the order of the school authority dated 24^th December, 2021 directing the petitioner to refund the overdrawn House Rent Allowance received by him.

4. As the issue of House Rent Allowance is pending consideration before the Commissioner of School Education, accordingly, the petitioner ought not to be directed to refund any amount drawn by him on account of House Rent Allowance.

5. Learned advocate for the School submits, upon instruction that, the offline pension file of the petitioner has been made ready and forwarded to the District Inspector of Schools on 8^th March, 2022.

6. The District Inspector of Schools, Secondary Education, Hooghly has forwarded a report signed on 27^th January, 2026 mentioning that the e-pension file of the petitioner has not been submitted by the school till date.

7. The school authority is directed to forward the e-pension file of the petitioner to the District Inspector of Schools immediately. The District Inspector of Schools shall act on the basis of the file received either offline or online in respect of the petitioner for calculating his terminal dues.

8. The final pension file will be made ready after the reasoned order is passed by the Commissioner of School Education regarding House Rent Allowance receivable by the petitioner.

9. The school and the pension sanctioning authority shall ensure that the pension file of the petitioner is made ready and forwarded to the DPPG for issuance of provisional Pension Payment Order.

10. The respondent authorities shall ensure that the admissible terminal dues of the petitioner, who retired way back in 2022, is positively disbursed in his favour by 29^th May, 2026.

11. The petitioner is directed to render all necessary cooperation to the school and the District Inspector of Schools for preparation of his pension file.

12. The writ petition stands disposed of.

13. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

In Re:- WPA 25604 of 2018

1. The order dated 17^th November, 2017 passed by the Commissioner of School Education rejecting the petitioner’s prayer for grant of House Rent Allowance is impugned in the instant writ petition.

2. It appears that the authority found that the parties were leaving together in the Salt Lake government quarter allotted in favour of the spouse of the petitioner.

3. The petitioner has averred that he never stayed in the government accommodation as the distance between the quarter to his school is not commutable on daily basis by availing general available transport.

4. Source of information about the parties liv