1 2026:CGHC:4766 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5288 of 2023 A. K. Patre S/o Late Feru Ram Patre Aged About 50 Years Presently Posted As Head Constable, Railway Protection Force At Out Post Tilda - Neora, District Raipur (C.G.) R/o Near Rajesh Flour Mill, Shitala Mata Gali No. 2, Talapara, Bilaspur, District Bilaspur (C.G.). ... Petitioner. versus 1 - Union Of India Through - The General Manager, South East Central Railway, G.M. Building, Bilaspur, District - Bilaspur (C.G.). 2 - Senior Divisional Security Commissioner Railway Protection Force, South East Central Railway, Raipur, District - Raipur (C.G.). ... Respondents. For Petitioner : Shri Anukul Biswas, Advocate. For Respondents : Shri Ramakant Mishra, DSGI. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 28/01/2026 1. By way of this Petition, petitioner is seeking following reliefs:- 10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to provide the full payment of suspension period from 07.01.2022 to 30.04.2023. AVINASH SHARMA Digitally signed by AVINASH SHARMA 2 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to provide the payment of difference amount of H.R.A. (House Rent Allowance) according to Nagpur City of the suspension period i.e. 16 months. 10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deem-fit and appropriate. 2. Necessary facts are that petitioner is working as Head Constable, Railway Protection Force (RPF), South East Central Railway (SECR) at Out Post Tilda-Neora, District Raipur C.G. under the Sr. Divisional Security Commissioner, RPF, SECR, Division Raipur i.e. Respondent No.2. Petitioner was suspended by Respondent No.2 on 07.1.2022 due to the department proceedings and attached at Divisional Control Nagpur. Petitioner was being paid half of the leave salary as subsistence allowance and other allowance as admissible during the suspension period. After 16 months, petitioner was revoked from suspension by Respondent No.2 passing order dated 01.05.2023 and the petitioner was directed to report to RPF Out Post Tilda Neora for duty. Petitioner was attached at Nagpur during the suspension period and paid only 50 % of his payment and he was being paid HRA according to Tilda-Neora which is a small town while Nagpur is a metropolitan city. House rent allowance between both cities is very different. Petitioner was suspended for about 16 months and he was being paid HRA according to Tilda-Neora. Thus, difference amount of HRA should be paid to the petitioner for the period of 16 months. 3. Learned counsel for the respondent-Railways, at the outset, submits 3 that departmental enquiry was initiated against the petitioner, in which, petitioner was dismissed from services vide order dated 28.10.2024. Thereafter, petitioner has filed appeal against the said order which was also dismissed on 16.04.2025. Thereafter, revisional order dated 27.08.2025 has also been passed affirming the order of dismissal and as such, petitioner is required to file a fresh petition. 4. Learned counsel for the petitioner submits that he has filed this petition for grant of suspension allowance along with House rent allowance. 5. In view of the fact that dismissal order has been passed in respect of the petitioner, it seems that the petitioner is required to file a fresh petition while challenging the entire action of the respondents. 6. Since the petition is not decided on merits, the petitioner is at liberty to claim all reliefs by filing a conjoined petition. 7. Accordingly, this Writ Petition is disposed of with the aforesaid liberty granted to the petitioner. Sd/- (Amitendra Kishore Prasad) Judge Avinash