J.K. Biswas, J. - (1.) The Petitioner in this writ petition dated January 31st, 2005 is questioning the decision of the Respondents that she was not entitled to home rent allowance from the time she enjoyed rent free accommodation provided by the college.
(2.) She was working as a lecturer at Balurghat Mahila Mahavidyalaya, Balurghat. From 1990 she was provided rent free accommodation by the college in its hostel campus. Though she was enjoying such rent free accommodation provided by the college, she continued to draw home rent allowance at the rate of 15 per cent of her basic pay. On reaching the age of superannuation she retired from services on January 31st, 2003. The college authority forwarded all papers for payment of her retirement benefits. On the basis of such papers pension payment order was issued. But the treasury officer, detecting the irregularity, declined to release the benefits. By a letter dated February 7th, 2003 he intimated the principal of the college that during the period the Petitioner enjoyed rent free accommodation provided by the college, she was not entitled to draw any home rent allowance.
(3.) The director of public instruction initially issued an order informing the college that the Petitioner was not entitled to home rent allowance when she was enjoying rent free accommodation provided by the college. Several decisions were given by the director, and ultimately he expressed the view that since the hostel in question was not an approved one and there was no scope for the Petitioner to work as hostel superintendent that she did without any extra payment, she was entitled to draw home rent allowance, though she enjoyed the rent free accommodation provided by the college.;