15TH JULY, 2026 Item no.D/L 16 Court No. 24 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No. WPA 6868 of 2024 In the matter of: Nivedita Singha Roy …. Petitioner VS. The State of West Bengal & Ors. ….Respondents For the Petitioner: Mr. K.M. Hossain ….Advocates For the State: Mr. Lokenath Chatterjee Ms. Sneha Chatterjee ….Advocates 1. The House Rent Allowance of the petitioner was abruptly stopped by the respondent authority on the ground that her spouse was receiving House Rent Allowance from his employer. The period for which House Rent Allowance has not been paid to the petitioner is from January, 2018 till August, 2023. 2. In July, 2023 the petitioner submitted a representation before the authority through proper channel. After submission of the representation, the authority resumed payment of House Rent Allowance on and from September, 2023. 3. The petitioner in the instant writ petition prays for releasing her arrear House Rent Allowance for the period January, 2018 till August, 2023. 4. Whether the teacher would be entitled to receive House Rent Allowance if the spouse receives House Rent Allowance from the employer has been decided by the Court on 16th March, 2021 in a batch of writ petitions first of which is WPA 1389 of 2018 in the matter of Mousumi Biswas & Anr. Vs. The State of West Bengal Page 2 & Ors. wherein the Court held that notwithstanding the spouse engaged in private employment and enjoying House Rent Allowance, full benefit of House Rent Allowance ought to be allowed to the teacher. 5. In the instant case, the husband of the petitioner is serving in a private organization. 6. As the husband of the petitioner is not receiving House Rent Allowance from the government, accordingly, the petitioner would be entitled to receive full House Rent Allowance. 7. It appears that after receiving the representation from the petitioner in July, 2023 the authority realized the mistake on their part and, accordingly, resumed payment of House Rent Allowance in favour of the petitioner. 8. As the petitioner would be entitled to receive her arrear House Rent Allowance, accordingly, the District Inspector of Schools, Secondary Education (South 24 Parganas) is directed to take steps for releasing the arrear House Rent Allowance in accordance with law at the earliest but positively within a period of twelve weeks from the date of communication of this order. 9. As the petitioner was entitled to receive House Rent Allowance in due time, accordingly, the arrear House Rent Allowance shall be paid along with simple interest of five percent per annum from the date it fell due till the date of actual payment. 10. The writ petition stands disposed of. 11. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. (Amrita Sinha, J.)