Hon''ble Mr. Justice Jayanta Kumar Biswas
1. The petitioner in this WP under art. 226 is alleging that the respondents wrongfully deducted a substantial amount from her retirement benefits.
During the period from February 8, 1982 to September 23, 2002 the petitioner was residing in an accommodation allotted to her husband by
Chittaranjan Locomotive Works, his employer. The flat in question was allotted to the petitioner on September 24, 2002. The petitioner''s husband
retired from service on January 31, 2004 and the petitioner retired from service on August 31, 2009.
2. Relying on the two Government Orders No. 475-EDN.(B) dated October 17, 1981 and No. 25-SE(B) dated February 12, 1999, Mr. Saha
Roy appearing for the State has submitted that the petitioner was not entitled to any house rent allowance for the period from February 8, 1982 to
September 23, 2002. After going through the Government Orders, Mr. Das appearing for the petitioner has accepted the position that for this
period the petitioner was not entitled to any house rent allowance.
3. It is, therefore, evident that if any deduction towards recovery of overpayment for the period from February 8, 1982 to September 23, 2002
was effected, then it was rightly done. The question, however, is whether for the period from September 24, 2002 to August 31, 2009 the
petitioner was entitled to any house rent allowance.
4. The petitioner''s case is that for the period from March 2007 to December 2009, though she paid house rent at a higher rate, the respondents
gave her house rent at a lower rate. According to her she paid Rs. 21,964 in excess of her liability.
5. The District Inspector of Schools did not make any inquiry. Both Mr. Das and Mr. Saha Roy have submitted that on the facts it will be
appropriate to ask the District Inspector of Schools to make an inquiry for ascertaining whether for the period from September 24, 2002 to
August 31, 2009 the petitioner is entitled to any amount on account of house rent allowance. For these reasons, I dispose of the WP ordering as
follows. The District Inspector of Schools shall make an inquiry, hear the petitioner and decide whether for the period from September 24, 2002
to August 31, 2009 she is entitled to any amount. Compliance within eight weeks from the date this order is served. Costs remission prayer is
allowed. No costs. Certified xerox.
