WPSS/1498/2025 on 9 April, 2026

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                             2026:UHC:2559
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                      COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPSS 1498/2025
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. M.C. Kandpal, Senior Advocate, assisted by Mr. Davesh Kandpal, Advocate for the petitioner.

Mr. Pradeep Hairiya, Standing Counsel, for the State.

Mr. Atul Bhatt, Central Govt. Standing Counsel, for the respondent no. 3 and 4.

(2) By means of this writ petition, petitioner has sought the following reliefs:

"i) Issue a writ order or direction in the nature of certiorari by calling the records and quash the impugned order dated 13.05.2025 and 21.05.2025 passed by the respondent no. 4 on behalf of respondent no. 3 (Contained as Annexure No. 1 and 12 to the writ petition) alongwith its effect and operation or in the alternate pass any appropriate orders keeping in view of the facts highlighted in the body of the petition or mould the relief appropriately.

ii) Issue a writ, rule or direction in the nature of mandamus directing the respondents to reconsider the case of the petitioner for promotion on the post Senior Administrative Officer by amending the promotion order dated 07.03.2025 (Annexure No. 6 to the writ petition) by changing his place of posting from NCC Gopeshwar to NCC Pantnagar, Had it been the impugned order is never in existence or in alternate pass any appropriate orders keeping in view of the facts highlighted in the body of the petition or mould the relief appropriately."

(3) Petitioner was initially appointed as Junior Clerk at NCC Group Headquarters, Nainital in the year 1998. He was promoted as Senior Clerk on 1.8.2003 and thereafter on 1.10.2013, he was promoted as Head Clerk and thereafter on 17.1.2018, he was promoted as Administrative Officer. On 7.3.2025, ten ministerial employees, serving in NCC Directorate, were offered promotion to ministerial posts and petitioner was offered promotion as Senior Administrative Officer by the said order. As petitioner was earlier serving at Sugam place (Nainital), therefore, he was 2026:UHC:2559 transferred on promotion to Gopeshwar (Chamoli), which is categorised as a Durgam place. Petitioner was not happy with his transfer on promotion to Gopeshwar, therefore he made a representation on 12.3.2025 with a request to accommodate him in any NCC Office in District Nainital, Almora or Champawat, but no decision was taken on the said representation. Since petitioner had not reported for duties at Gopeshwar, where he was transferred on promotion, therefore, Additional Director, Directorate of NCC, issued a letter on 8.4.2025, asking the concerned authorities to take necessary steps to ensure that petitioner joins duties at the transferred place and if he is not willing to accept the promotion, then an affidavit in terms of The Uttarakhand State Services Forgo of Promotion Rules, 2024 may be obtained from him. Petitioner submitted Promotion Forgo Certificate indicating his willingness to forgo the promotion offered to him and also an affidavit that he will not claim promotion in future.

(4) It transpires that petitioner thereafter made a request to permit him to withdraw the certificate/affidavit, given in terms of The Uttarakhand State Services Forgo of Promotion Rules. The competent authority in NCC Directorate had provided in his letter dated 13.5.2025 that if petitioner joins duties at Gopeshwar till 16.5.2025, then the certificate/affidavit, given in terms of The Uttarakhand State Services Forgo of Promotion Rules, would be returned to him. Since petitioner did not join duties at Gopeshwar up to 16.5.2025, therefore, the competent authority accepted the request made by petitioner for forgoing the promotion and petitioner was informed vide letter dated 21.5.2025 that his name shall not be considered for promotion in future. In this writ petition, petitioner has challenged the said communication, issued by the NCC Headquarters on 21.5.2025. He has also challenged the communication dated 13.5.2025, issued by NCC Directorate, whereby joining time given to the petitioner was extended till 16.5.2025 and it was further provided that if petitioner fails to join at Gopeshwar till 16.5.2025, then it shall be deemed that he is not interested in withdrawing his 2026:UHC:2559 certificate/affidavit, given in terms of The Uttarakhand State Services Forgo of Promotion Rules, and petitioner's request for forgoing the promotion will be accepted.

(5) Learned Senior Counsel appearing for the petitioner submits that in view of family problems faced by the petitioner, it was not possible for him to join at Gopeshwar and the certificate/affidavit, in terms of The Uttarakhand State Services Forgo of Promotion Rules, was obtained from him under duress. He further submits that petitioner could be accommodated on the promoted post in District Nainital or in any adjoining district; however he was transferred to Gopeshwar, without considering the family problems faced by the petitioner.

(6) A counter affidavit is filed by Colonel Manoj Singh, Additional Directorate (Personnel), NCC, in which it is contended that as per Section 18(2) of Annual Transfer Act, 2017, applicable to petitioner, every employee is liable to be transferred to a remote place at the time of promotion, except certain categories of employees, who are exempted from being posted at Durgam places. Reliance is also placed upon the provision contained in The Uttarakhand State Services Forgo of Promotion Rules, 2024, notified on 30.10.2024. Rule 4(1) of the said rules provides that maximum 15 days joining time shall be given in the promotion order and in case one does not join within the stipulated time, further time shall not be given. Rule 4(2) of the said rules provides that if an employee does not want to accept the promotion offered to him, then he may make a written request that he should not be promoted and the appointing authority shall consider the request taking into account relevant aspects. Rule 4(3) provides that a duly sworn affidavit has to be obtained from the concerned personnel, who forgo the promotion, to the effect that he shall never again demand promotion in future and as a result, the next eligible personnel from the selection list may be promoted by the appointing authority. Rule 4(4) of the said rules provides that a personnel, who once forgoes the 2026:UHC:2559 promotion, shall not be included in the eligibility list for future promotions.

(7) Now, coming back to the facts of the present case, petitioner was promoted vide order dated 7.3.2025, however he did not join duties within the stipulated time and he thereafter gave a certificate that he is ready to forgo his promotion. He also submitted an affidavit that he will not claim promotion in future. The competent authority, however, was considerate enough while providing that the request for forgoing the promotion made by the petitioner shall not be considered, if he joins duties at the transferred place (Gopeshwar) till 16.5.2025 and petitioner's request for forgoing promotion was accepted only on 21.5.2025, because petitioner failed to join duties at the transferred place within the stipulated time.

(8) Since the field is covered by The Uttarakhand State Services Forgo of Promotion Rules, 2024 and petitioner had exercised option under the said rules by forgoing the promotion offered to him, therefore, the decision taken by the competent authority, which was conveyed to petitioner vide letter dated 21.5.2025, cannot be faulted. The letter dated 13.5.2025, which is also impugned in the writ petition, merely extends the deadline for submitting joining report at the transferred place i.e. Gopeshwar and it provides that if petitioner joins within the extended deadline, then petitioner's request for forgoing promotion shall be treated to be withdrawn. Thus petitioner cannot have any grievance against the communication dated 13.5.2025. Thus there is no scope for interference in the matter. Writ petition thus fails and is dismissed. However, if petitioner has any grievance in the matter, then he shall be at liberty to approach the competent authority by making a representation, which, if made within two weeks from today, shall be decided within four weeks.

(Manoj Kumar Tiwari, J.) 9.4.2026 Pr

PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.04.16 18:05:37 +05'30' 2026:UHC:2559