Gauhati High Court
Page No.# 1/6 vs The Union Of India And Othrs on 9 June, 2025
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/6
GAHC010112632025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3035/2025
SUSHIL KUMAR
CONSTABLE/RPF,
S/O- SURESH KUMAR PANDEY , PRESENT POSTING -LEDO RPF OUT POST,
-TSK (TINSUKIA), UNDER THE DIVISIONAL SECURITY COMMISSIONER
-TINSUKIA, NF RAILWAY
2: DUNIRAM
AGED ABOUT 35 YEARS. DESIGNATION- CONSTABLE/RPF. S/O-
BHAGIRATH. PRESENT POSTING- DIBRUGARH RPF POST
UNDER DIVISIONAL SECURITY COMMISSIONER - DIBRUGARH
NORTHEAST FRONTIER RAILWAY.
3: RAJNISH KUMAR
AGED ABOUT 32 YEARS. 4 DESIGNATION- CONSTABLE/RPF. S/O-
BHAGIRATH. PRESENT POSTING- NEW MAINAGURI RPF POST
UNDER DIVISIONAL SECURITY COMMISSIONER - TINSUKIA
NORTHEAST FRONTIER RAILWAY
4: ATUL SINGH
AGED ABOUT 32 YEARS DESIGNATION- CONSTABLE/RPF. S/O-
SHIVSARAN SINGH. PRESENT POSTING- NEW JALPAIGURI RPF POST
UNDER DIVISIONAL SECURITY COMMISSIONER - KATIHAR
NORTHEAST FRONTIER RAILWAY.
5: BHUP SINGH
AGED ABOUT 34 YEARS. DESIGNATION- CONSTABLE/RPF. S/O-
RAMNIWAS. PRESENT POSTING- SILAPATHAR RPF POST
UNDER DIVISIONAL SECURITY COMMISSIONER - TINSUKIA
NORTHEAST FRONTIER RAILWAY.
Page No.# 2/6
6: SANJAY KUMAR
AGED ABOUT 33 YEARS. DESIGNATION- CONSTABLE/RPF. S/O-
HARIVANSH. PRESENT POSTING- DIBRUGARH WORKSHOP RPF POST
UNDER THE DIVISIONAL SECURITY COMMISSIONER - DIBRUGARH
NORTHEAST FRONTIER RAILWAY.
7: ANKUR
AGED ABOUT 32 YEARS. DESIGNATION- CONSTABLE/RPF. 5 S/O- YASH
PAL SINGH. PRESENT POSTING- JALPAIGURI RPF POST
UNDER THE DIVISIONAL SECURITY COMMISSIONER - JALPAIGURI
NORTHEAST FRONTIER RAILWAY.
8: VIKRAM SINGH
AGED ABOUT 34 YEARS. DESIGNATION- CONSTABLE/RPF. S/O- ISHWAR
PAL SINGH. PRESENT POSTING- JALPAIGURI RPF POST
UNDER THE DIVISIONAL SECURITY COMMISSIONER - JALPAIGURI
NORTHEAST FRONTIER RAILWAY.
9: KULDEEP
AGED ABOUT 32 YEARS. DESIGNATION- CONSTABLE/RPF. S/O- RAJ
BAHADUR. PRESENT POSTING- GUWAHATI RPF POST
UNDER THE DIVISIONAL SECURITY COMMISSIONER - GUWAHATI
NORTHEAST FRONTIER RAILWAY.
10: ASHOK KUMAR YADAV
AGED ABOUT 37 YEARS. DESIGNATION- CONSTABLE/RPF. S/O- UMRAO
YADAV PRESENT POSTING- NEW JALPAIGURI RPF POST
UNDER DIVISIONAL SECURITY COMMISSIONER-NEW JALPAIGURI
NORTHEAST FRONTIER RAILWAY.
11: DHARMENDRA
AGED ABOUT 34 YEARS. DESIGNATION- CONSTABLE/RPF. S/O-
RAMBACHAN. 6 PRESENT POSTING- NAHARKATIA RPF POST
UNDER THE DIVISIONAL SECURITY COMMISSIONER - TINSUKIA
NORTHEAST FRONTIER RAILWAY
12: SITARAM YADAV
AGED ABOUT 37 YEARS. DESIGNATION- CONSTABLE/RPF. S/O-
NUNDARAM PRESENT POSTING- NEW GUWAHATI RPF POST
UNDER THE DIVISIONAL SECURITY COMMISSIONER - LUMDING
NORTHEAST FRONTIER RAILWAY.
Page No.# 3/6
13: VISHWAS
AGED ABOUT 37 YEARS DESIGNATION- CONSTABLE/RPF. S/O- MANGE
RAM. PRESENT POSTING- SILAPATHAR RPF POST
UNDER THE DIVISIONAL SECURITY COMMISSIONER - TINSUKIA
NORTHEAST FRONTIER RAILWAY.
14: SANDEEP YADAV
AGED ABOUT 36 YEARS DESIGNATION- CONSTABLE/RPF. S/O- BALWANT
SINGH. PRESENT POSTING- GUWAHATI RPF POST
UNDER THE DIVISIONAL SECURITY COMMISSIONER-LUMDING
NORTHEAST FRONTIER RAILWAY.
15: RAJENDRA KUMAR YADAV
AGED ABOUT 35 YEARS. DESIGNATION- CONSTABLE/RPF. S/O- JAL RAM
YADAV. 7 PRESENT POSTING- KATIHAR RPF POST
UNDER THE DIVISIONAL SECURITY COMMISSIONER - KATIHAR
NORTHEAST FRONTIER RAILWAY.
16: NAVNEET KUMAR
AGED ABOUT 33 YEARS. DESIGNATION- CONSTABLE/RPF. S/O- SUNDER
SINGH. PRESENT POSTING- NEW TINSUKIA RPF POST
UNDER THE DIVISIONAL SECURITY COMMISSIONER - TINSUKIA
NORTHEAST FRONTIER RAILWAY.
17: PAWAN KUMAR
AGED ABOUT 35 YEARS. DESIGNATION- CONSTABLE/RPF. S/O-
CHANDRAPAL. PRESENT POSTING- MATHABHANGA RPF POST
UNDER THE DIVISIONAL SECURITY COMMISSIONER - ALIPURDUAR
NORTHEAST FRONTIER RAILWAY.
18: TRIBHUWAN PAL
AGED ABOUT 35 YEARS. DESIGNATION- CONSTABLE/RPF. S/O- LALTA
PAL. PRESENT POSTING- GUWAHATI RPF POST
UNDER THE DIVISIONAL SECURITY COMMISSIONER - LUMDING
NORTHEAST FRONTIER RAILWAY.
19: AJAY KUMAR YADAV
AGED ABOUT 33 YEARS. DESIGNATION- CONSTABLE/RPF. S/O-
GAURISHANKAR YADAV. PRESENT POSTING- KATIHAR RPF POST
UNDER THE DIVISIONAL SECURITY COMMISSIONER 8 - KATIHAR
Page No.# 4/6
NORTHEAST FRONTIER RAILWAY.
20: DEEPAK KUMAR
AGED ABOUT 33 YEARS. DESIGNATION- CONSTABLE/RPF. S/O- BADLU
RAM. PRESENT POSTING- KATIHAR RPF POST
UNDER THE DIVISIONAL SECURITY COMMISSIONER - KATIHAR
NORTHEAST FRONTIER RAILWAY.
21: ROHIT KUMAR PANDEY
AGED ABOUT 33 YEARS. DESIGNATION- CONSTABLE/RPF. S/O-
GAYAPRASAD PANDEY. PRESENT POSTING- ALIPURDUAR RPF POST
UNDER THE DIVISIONAL SECURITY COMMISSIONER - ALIPURDUAR
NORTHEAST FRONTIER RAILWAY. ..
VERSUS
THE UNION OF INDIA AND OTHRS
TO BE REPRESENTED BY THE SECRETARY, MINISTRY OF RAILWAYS, NEW
DELHI-110001.
2:THE DIRECTOR GENERAL
(RPF)
MINISTRY OF RAILWAYS
NEW DELHI-110001
3:THE DEPUTY DIRECTOR SEC. (ESTABLISHMENT)
MINISTRY OF RAILWAYS
NEW DELHI- 110001
4:THE PRINCIPAL CHIEF SECURITY COMMISSIONER (RPF)
NORTHEAST FRONTIER RAILWAY-NFR -MLG MALIGAON
(HEADQUARTER)
PIN- 781011. GUWAHATI
ASSAM
Advocate for the Petitioner : SWATI B BARUAH (TG),
Advocate for the Respondent : DY.S.G.I., MS. B SARMA (C.G.C)
Page No.# 5/6
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
09.06.2025 Swati B. Baruah (TG), learned counsel for the petitioner has addressed arguments in continuance of the submissions made on 04.06.2025, thus pleading for issuance of notice upon the respondents and also for passing an interim order suspending the operation of the impugned order of transfer dated 16.04.2025 terming the same as arbitrary and discriminatory. According to the learned counsel for the writ petitioners by issuing the impugned order, the RPF personnel have been meted out a discriminatory treatment as compared to their RPSF counter-parts.
By the impugned order dated 16.04.2025 as many as 1619 personnel of the Railway Protection Force (including RPF and RPSF) have been transferred.
I have perused the grounds taken in the writ petition. Issue notice of motion returnable in eight weeks. Since Ms. B. Sarma, learned Central Government Counsel has entered appearance and accepted notice on behalf of all the respondents, no formal notice is required to be sent in this case. However, extra copies of the writ petition, requisite in numbers, be furnished to the learned CGC within a week from today so as to enable her to obtain instruction.
Heard on the prayer for interim relief.
The said prayer will be considered on the returnable date. It is, however, Page No.# 6/6 made clear that any action taken in the matter pursuant to the impugned order dated 16.04.2025 shall be subject to the final order that may be passed in this writ petition.
JUDGE Comparing Assistant