Laishram Ramananda Singh Vs the Union of India and 3 Ors. — Gauhati HC (2026) — LawSathi Research

Laishram Ramananda Singh Vs the Union of India and 3 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file a representation within 10 days expressing his unwillingness to accept the promotion to Head Constable and seeking retention at Alipurduar (New Alipurduar); the Respondent Authorities to consider it and pass a speaking order; meanwhile the petitioner to continue as a Constable at his present place of posting at Alipurduar.

Issue for consideration

Whether the order dated 03.07.2026 transferring the petitioner from Alipurduar (New Alipurduar) to Katihar (Siliguri) on his promotion from Constable to Head Constable, despite his expressed unwillingness for promotion, should be interfered with. (Not adjudicated; petition dismissed on withdrawal.)

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, with a further request to retain him at Alipurduar (New Alipurduar) under Alipurduar Division.

Ratio / Principle

If the petitioner submits the representation expressing his unwillingness to undertake the promotion, with a further prayer to be retained at Alipurduar (New Alipurduar) under Alipurduar Division, within 10 (ten) days, the Respondent Authorities shall duly consider it and pass a speaking order.

Key takeaways

Till the Respondent Authorities pass a speaking order on the representation to be filed by the petitioner in terms of the liberty granted, he is permitted to continue in service.ratio¶7
In the interregnum, the petitioner is permitted to continue as a Constable at his present place of posting at Alipurduar (New Alipurduar) under Alipurduar Division.ratio¶7
Subject to the liberty granted to the petitioner, the writ petition stands dismissed on withdrawal.ratio

Detailed headnote1 paragraphs

Gauhati High Court (N. Unni Krishnan Nair, J.), WP(C)/3641/2026, order dated 17.07.2026: The petitioner, a Constable in the Railway Protection Force establishment promoted to Head Constable, challenged the order dated 03.07.2026 transferring and posting him from Alipurduar (New Alipurduar) under Alipurduar Division to Katihar (Siliguri) under Katihar Division on promotion. Counsel submitted that the petitioner had expressed unwillingness for promotion before the selection process and faced family problems preventing him from moving out of Alipurduar, and sought leave to withdraw the writ petition with liberty to represent his unwillingness to the authorities. The respondents' counsel (learned CGC) did not object, noting only that no post-promotion unwillingness representation had been made. The Court granted the petitioner liberty to approach the competent authority with a representation disclosing his unwillingness to give up the promotion and requesting retention at Alipurduar; directed that if such representation is filed within 10 days, the Respondent Authorities shall duly consider it and pass a speaking order; and permitted the petitioner to continue as a Constable at his present place of posting at Alipurduar (New Alipurduar) until such order is passed. Subject to this liberty, the writ petition was dismissed on withdrawal. No statute or precedent was cited; no issue was adjudicated on merits.

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GAHC010140962026

2026:GAU-AS:9821

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

Case No. : WP(C)/3641/2026

LAISHRAM RAMANANDA SINGH S/O L. NABACHANDRA SINGH

R/O GUWAHATI TRAFFIC COLONY, KAMRUP (M), GUWAHATI. P.O. P.SPAN BAZAAR DIST KAMRUP (M), ASSAM PIN 781001

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 PIN-110001

3:THE 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,CHONBEN Z YANTHAN,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. B. Kaushik, 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 (New Alipurduar) under Alipurduar Division to Katihar (Siliguri) under Katihar 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 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 against the post of Constable at his present

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place of posting i.e., at Alipurduar (New Alipurduar) 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. B. Kaushik, 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 (New Alipurduar) 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 (New Alipurduar) 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 granted to him by this Court, hereinabove, the petitioner be permitted to continue

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

Alipurduar Division .

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

stands dismissed on withdrawal.

JUDGE

Comparing Assistant