No Recovery of Risk & Hardship Allowance from CRPF Personnel Without Court's Leave: Gauhati High Court Interim Order - 2025-07-02

Tracking Legal Developments.

Gauhati High Court Stays Recovery of Risk & Hardship Allowance from Over 200 CRPF Personnel

Guwahati: In a significant interim relief for Central Reserve Police Force (CRPF) personnel, the Gauhati High Court has ordered a stay on the recovery of Risk & Hardship Allowance (RHA) that had been previously paid to them. The single-judge bench of Justice Susmita PhukanKhaund directed that no recovery shall be made without the express leave of the Court.

The decision came in response to a writ petition, Pronob Jyoti Gogoi & Ors. vs The Union of India & Ors. , filed by 203 personnel of the 142nd Battalion, CRPF, stationed in Golaghat, Assam.

Background of the Case

The petitioners challenged a recent Office Memorandum (OM) dated April 28, 2025, which not only unilaterally withdrew the RHA but also mandated the recovery of amounts already disbursed to them. This allowance was originally granted under a 2017 OM from the Ministry of Home Affairs, which established specific criteria for its payment to CRPF personnel serving in high-risk and difficult areas. The sudden reversal of this policy prompted the personnel to seek judicial intervention.

Arguments in Court

Mr. K. Baruah, learned counsel for the petitioners, argued that the move to withdraw the allowance and recover the paid sums was arbitrary and unjust. He drew the Court's attention to a precedent within the same court, highlighting that a coordinate bench had already granted interim protection in a similar matter, W.P.(C) No.168/2025 .

Representing the Union of India and other respondents, Ms. K. Phukan, learned Central Government Counsel (CGC), acknowledged the existence of similar pending petitions with interim orders. While requesting time to obtain detailed instructions, she confirmed the factual position regarding the related cases.

Court's Interim Order

After hearing the preliminary arguments, Justice Khaund provided interim protection to the petitioners. The Court's order stated:

"Having regard to the facts and circumstances of the case, in its entirety, as an interim measure, it is hereby provided that there shall be no recovery of RHA amount paid to the petitioners in terms of the impugned OM dated 28.04.2025, without the leave of the Court."

Implications and Next Steps

The Court's order provides immediate respite to the 203 CRPF jawans and officers, preventing any deductions from their salaries to recover the disputed allowance until the matter is heard further.

The Court has issued a notice of motion, and since the CGC has accepted the notice on behalf of all respondents, no formal notices will be sent. The matter is now slated to be listed for a comprehensive hearing alongside other connected writ petitions, including W.P.(C) No.168/2025 and WP(C)/2866/2025 , ensuring a consolidated approach to the legal question at hand.