ARINDAM SINHA,J. - (1.) Petitioner by this writ petition sought direction upon respondent nos. 2 to 4, commanding them to forthwith release house rent allowance at the rate of Rs. 6,000/- per month for 15 months, from April, 2014 to June, 2015 along with interest. Mr. Mukherjee, learned senior advocate appearing on behalf of petitioner had on earlier occasion submitted, by G.Os dated 28th January, 2008 and 2nd September, 2011 his client was granted maximum house rent allowance. This was in addition to same maximum being granted to and enjoyed by his wife whose place of work was different. Maximum permissible house rent was Rs. 2000/- per month when G.O. dated 28th January, 2008 was issued and Rs. 6, 000/- per month at the time of G.O. dated 2nd September, 2011. In spite of subsistence of these G.Os, suddenly in year 2014 payment of house rent to his client was stopped and thereafter sum of about Rs. 2 lakhs deducted from his claim for leave encashment.
(2.) Adjournment was granted to State to produce and rely upon Government Orders. Record of submissions made on behalf of State in relying upon memorandum dated 25th November, 2009 is in order dated 13th July, 2018. That memorandum provides for maximum house rent permissible to be at Rs. 6,000/- per month, for individuals as well as husband and wife together.
(3.) Today, Mr. Vaisya, learned advocate, Additional Government Pleader, appears on behalf of State and hands up G.Os dated 22nd August, 1990 and 9th June, 1999. It appears from these two orders, maximum house rent allowance was fixed at Rs. 800/- per month and 2,000/- per month by them respectively. This ceiling applied to individuals and in cases of husband and wife taken together. It is his submission, permissible house rent allowance allowed at the time of issuance of G.O. dated 28th January, 2008 was as provided in G.O. dated 9th June, 1999. He submits, the claim be referred to Director of Public Instructions for concurrence of Finance Department, if to be given.;