Jagat Chandra Barman Vs the Union of India and 3 Ors. — Gauhati HC (2026) — LawSathi Research

Jagat Chandra Barman Vs the Union of India and 3 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition dismissed on withdrawal, subject to liberty to file within 10 days a representation expressing unwillingness to accept the promotion and seeking retention at Alipurduar (Jalpaiguri Raod); respondents to consider it and pass a speaking order; petitioner permitted to continue as Constable at Alipurduar in the interim.

Issue for consideration

Whether the petitioner, who had expressed unwillingness for promotion before the selection process, could be transferred and posted from Alipurduar (Jalpaiguri Raod) to Tinsukia (New Tinsukia) on his promotion from Constable to Head Constable pursuant to the order dated 03.07.2026.

Court's answer

The petitioner is granted liberty to approach the competent authority of the respondents with a representation disclosing his unwillingness to give up the promotion to the post of Head Constable as effected in his case, with a further request to retain him at Alipurduar (Jalpaiguri Raod) under Alipurduar Division.

Ratio / Principle

If the petitioner submits such a representation expressing his unwillingness to undertake the promotion and praying to be retained at Alipurduar (Jalpaiguri Raod) under Alipurduar Division within 10 (ten) days, the Respondent Authorities shall duly consider it and pass a speaking order in the matter.

Key takeaways

Until the Respondent Authorities pass a speaking order on the representation to be filed by the petitioner in terms of the liberty granted, the petitioner is permitted to continue as a Constable at his present place of posting at Alipurduar (Jalpaiguri Raod) under Alipurduar Division.ratio¶33

Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice N. Unni Krishnan Nair), W.P.(C) No. 3639/2026, order dated 17.07.2026: A railway Constable, on promotion to Head Constable, was transferred and posted by order dated 03.07.2026 from Alipurduar (Jalpaiguri Raod) under Alipurduar Division to Tinsukia (New Tinsukia) under Tinsukia Division, although he had submitted his unwillingness for promotion before initiation of the selection process; the respondents nonetheless proceeded with the selection and he submitted posting options. Facing family problems, the petitioner sought to withdraw the writ petition with liberty to approach the authorities. The Court granted him liberty to file, within 10 (ten) days, a representation disclosing his unwillingness to give up the promotion and requesting retention at Alipurduar; directed the Respondent Authorities to duly consider such representation and pass a speaking order; and permitted the petitioner to continue as Constable at Alipurduar until such order was passed. Subject to this liberty, the writ petition stood dismissed on withdrawal. No statute or precedent was cited in the order.

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GAHC010140982026

2026:GAU-AS:9820

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3639/2026

JAGAT CHANDRA BARMAN

S/O- LT. RAJKUMAR BARMAN AGE- 51 YEARS R/O- VILLAGE TUPAMARI P.S- KOTWALI DISTRICT- COOCH BEHAR PIN-736134

VERSUS

THE UNION OF INDIA AND 3 ORS

TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS, RAIL BHAVAN RAISINA ROAD, NEW DELHI, PIN- 110001

2:THE DG ESTABLISHMENT RAILWAY BOARD RAIL BHAVAN RAISINA ROAD NEW DELHI PIN110001

3:DIRECTOR GENERAL OF RAILWAY PROTECTION FORCE

RAIL BHAVAN RAISINA ROAD NEW DELHI PIN-110001

4:THE PRINCIPAL CHIEF SECURITY COMMISSIONER NORTHEAST FRONTIER RAILWAY MALIGAON GUWAHATI-781011 ASSA

Advocate for the Petitioner : MR I RAFIQUE, MS. S DEVI,MRS S A CHOUDHURY

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Advocate for the Respondent : DY.S.G.I.,

BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 17.07.2026

Heard Mr. I. Rafique, learned counsel, appearing for the petitioner. Also heard

Mr. K. K. Parasar, learned CGC, appearing for the respondents.

2. The petitioner in the present writ petition has assailed an order dated 03.07.2026, transferring and posting him from Alipurduar (Jalpaiguri Raod) under Alipurduar Division to Tinsukia (New Tinsukia) under Tinsukia Division, on his promotion from the post of Constable to the post of Head Constable.

3. Mr. I. Rafique, at the outset has submitted that the petitioner before initiation of the process of promotion had submitted his unwillingness for his such promotion. However, the respondents have not considered the same and had proceeded with the selection process and the petitioner had also submitted his options with regard to the place of posting on his such transfer on promotion. Mr. Rafique, submits that due to family problems faced by the petitioner, he is not in a position to move out of Alipurduar (Jalpaiguri Raod) at the present stage and accordingly, he submits that the petitioner be permitted to approach the Respondent Authorities with an application, expressing his unwillingness to undertake the transfer, in question, and with a further request to continue him

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against the post of Constable at his present place of posting i.e., at Alipurduar (Jalpaiguri Raod) under Alipurduar Division.

4. Mr. I. Rafique, further submits that with the said liberty he be permitted to withdraw the present writ petition.

5. Mr. K. K. Parasar, learned CGC, appearing for the respondents does not object to the said prayer. He however submits that the petitioner after being promoted to the cadre of Head Constable, had not approached the authorities expressing his unwillingness to undertake the promotion as effected in his case.

6. In view of the submissions made by the learned counsel for the petitioner, the petitioner is granted the liberty to approach the competent authority of the respondents with a representation disclosing, therein, his unwillingness to give up the promotion to the post of head constable as effected in his case with a further request to retain him at Alipurduar (Jalpaiguri Raod) under Alipurduar Division.

7. It is further provided that, in the event, the petitioner submits a representation before the Respondent Authorities, expressing his unwillingness to undertake his promotion as effected in his case to the post of Head Constable with a further prayer to retain him at Alipurduar (Jalpaiguri Raod) under Alipurduar Division, within a period of 10 (ten) days from today, the Respondent Authorities shall duly consider the same and pass a speaking order in the matter. It is further provided that till passing of such order by the Respondent Authorities on the representation, that would now be filed by the petitioner, in terms of the liberty

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granted to him by this Court, hereinabove, the petitioner be permitted to continue

as a Constable at his present place of posting at Alipurduar (Jalpaiguri Raod) under

Alipurduar Division.

8. Subject to the liberty as granted to the petitioner, the present writ petition

stands dismissed on withdrawal.

JUDGE

Comparing Assistant