DEBASISH KAR GUPTA,J. - (1.) This writ application is directed against an order dated October 7, 2002 passed by the respondent No. 2. By virtue of the impugned order the respondent No. 2 directed the authority concerned to calculate the overdrawal of house rent allowance and to realize the same from the petitioner.
(2.) The petitioner was an Assistant Teacher of New Alipore Sarada Ashram Balika Vidyalaya, Kolkata. She had been drawing house rent allowance at the rate of Rs. 870/- per month. Subsequently it came to the knowledge of the respondent authority that she was not entitled to get the house rent allowance in connection with her aforesaid services. Her husband was working for gain in National Insurance Company Limited (a Public Sector Undertaking) under Government of India and a residential flat was allotted to him by his Company. The petitioner suppressed the above fact to her employer. From the impugned order, it further appears that she was not entitled to receive the above house rent allowance in accordance with the provisions of the West Bengal Services (Revision of Pay and Allowance) Rules, 1998 read with Departmental Order No. 97-SE(B)/1M-24/2001 dated March 7, 2001.
(3.) It is submitted by the learned Advocate appearing on behalf of the petitioner that in view of the West Bengal Services (Revision of Pay and Allowance) Rules, 1998, the petitioner was entitled to get the above house rent allowance in view of the fact that her husband was not enjoying rent free accommodation provided by his employer. It is also submitted by him that the house rent allowance received by the petitioner did not exceed the ceiling limit in terms of the West Bengal Services (Revision of Pay and Allowance) Rules, 1998.;