Page No.# 1/4 GAHC010141102026 2026:GAU-AS:9724 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3633/2026 ASIFUR RAHMAN R/O- VILLAGE GARIGAON P/O- GARIGAON P/S-JALUKABARI PIN-781012 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: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, MRS S A CHOUDHURY Advocate for the Respondent : DY.S.G.I., MR B KAUSHIK(C.G.C.) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 16.07.2026 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 Rangia (New Bongaigaon), Rangia Division, to Katihar (Katihar West) 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 Rangia 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 place of posting i.e., at Rangia. Page No.# 3/4 4. Mr. I. Rafique, further submits that with the said liberty he be permitted to withdraw the present writ petition. 5. Mr. B. Chakrabarty, 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 Rangia under Rangia 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 Rangia (New Bongaigaon) under Rangia 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 as a Constable at his present place of posting at Rangia (New Bongaigaon) under Rangia Division. Page No.# 4/4 8. Subject to the liberty as granted to the petitioner, the present writ petition stands dismissed on withdrawal. JUDGE Comparing Assistant