28/08 2026 AD/01/18 266312 NANDY (DO) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA/1821/2025 KANAI LAL BERA VS UNION OF INDIA & ORS. Mr. Bikash Ranjan Neogi, Advocate Ms. Ananya Neogi, Advocate Ms. Anushka Ghosh, Advocate ……for the Petitioner Mr. Brijendra Pratap Singh, Advocate Mr. Iswar Chand Maity, Advocate ……for the Union of India 1. Affidavit of service, as filed, be kept with the record. 2. The petitioner is aggrieved that the risk and hardship allowance benefits which were paid to him have been withdrawn arbitrarily and without any basis. In fact, this amount already paid to the petitioner, has been sought to be recovered by way of deduction from the gratuity amount payable to the petitioner. 3. The petitioner was lastly attached to the Assam Battalion, Rani, in the post of Sub-Inspector, and retired on 30.11.2023. The said amount of Rs.3,26,817/- has been recovered from his gratuity on the basis of this withdrawal of risk and hardship allowance. 4. Though the petitioner served in Silchar, Guwahati and retired therefrom, the petitioner is presently residing in the State of West Bengal and has received his Pension Payment Order (PPO) at his residential address in West Bengal. His order for deduction of the risk and hardship allowance has also been received at his residential address in P a g e | 2 West Bengal. His representation dated 05.11.2024 has been made to the Zonal Inspector General, whose office is situated in Sector-V, Salt Lake, Kolkata - 700091, West Bengal. Thus, a substantial part of the cause of action has arisen within the jurisdiction of this Hon’ble Court. 5. The petitioner has drawn the attention of the Court to the judgment and order passed by a Coordinate Bench of the Hon'ble High Court at Guwahati on 22.05.2024 in WP(C)/2828/2023. 6. The Hon'ble High Court has been pleased to set aside this deduction of the amount paid on account of risk and hardship allowance, and has set aside the impugned communication of the Deputy Inspector General, CRPF, Silchar, Assam. 7. In view of the afore-stated order passed by the Hon'ble High Court at Guwahati, I direct Respondent No. 3 to consider the representation of the petitioner dated 05.11.2024, in the light of the judgment of the Hon'ble High Court at Guwahati, within a period of six weeks from the date of communication of this order. 8. The petitioner will communicate to the respondents, particularly respondent no. 3, of this order. 9. With the afore-stated directions, the writ-petition is disposed of. No order as to costs. 10. All parties to act on a server copy of this order duly downloaded from the website of this Court. (Reetobroto Kumar Mitra, J.) P a g e | 3