HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 731 of 2025 (S/S) Israr Bukhsh and others ………….Petitioners Versus State of Uttarakhand and others ………..Respondents Present:- Mr. Anil Anthwal, Advocate for the petitioners. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State/respondent nos.1 and 2. Mr. Atul Bhatt, Central Government Standing Counsel for respondent no.3. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) The challenge in this petition is made to the communication dated 12.12.2024, by which, the Additional Director General, NCC was directed to take a decision at their own level for identifying accessible and remote areas. The petitioners have also sought ancillary reliefs. 2. Heard learned counsel for the parties and perused the record. 3. The petitioners are working in the office of the National Cadet Corps (“NCC”) in various places in the State of Uttarakhand. It is the case of the petitioners that they had made various representations for further identification of accessible and remote areas, but no action was taken. Finally, on 15.03.2024, the respondent no.3, the Additional Director, NCC Directorate Uttarakhand, submitted a proposal to the State Government for identification of accessible and remote areas, but by the communication dated 12.12.2024, the proposal has been returned 2 with the directions to the Additional Director, NCC Directorate Uttarakhand, to take a decision at their own level. 4. Learned counsel for the petitioner would submit that as per Section 27 of the Uttarakhand Annual Transfer for Public Servants Act, 2017 (“the Act”), a Committee was to be constituted for the purpose, which has not been constituted. Therefore, indulgence of this Court is required. 5. On the other hand, learned counsel appearing for the respondent no.3 would submit that the impugned communication is in accordance with law. He would submit that identification of accessible and remote areas is done under Section 5 of the Act, by the Head of the Office/Head of the Department, as the case may be, and in case of any difficulty and special circumstances only, the matter may be placed before a Committee constituted under Section 27 of the Act. It is argued that in the instant case, there is no such issue. 6. Learned counsel for the respondent no.3 would further submit that pursuant to the impugned communication dated 12.12.2024 of the State Government, the NCC Directorate Uttarakhand has already undertaken an exercise for identifying accessible and remote areas and have maintained the status quo. 7. By the impugned communication dated 12.12.2024, the State Government, the Head of the Office/Head of the Department has been informed to take a decision for identifying accessible and remote areas. In fact, Section 5 of the Act makes provisions in this regard, which is as follows:- 3 “5. (1) Head of the office/Head of the Department, as the case may be, of each department shall proceed to identify the place of postings under accessible and remote areas in accordance to the classification provided in section 4 and take such measures for its disclosure including display in the website of Uttarakhand, as may be necessary for wide circulation and publication. (2) Such departments where all work places are classified as per determined norms or above said sub-section (1) in the Appendixes of the Act in view of the special circumstances of the department, the department may predetermine the norms by placing proposal in this regard before the committee constituted under section 27 of the Act.” 8. By the communication dated 12.12.2024 of the State Government, the Head of the Office/Head of the Department has been directed to identify accessible and remote area. This is permissible under Section 5 of the Act. On behalf of the respondent no.3, it is stated that the exercise is already been undertaken on 17.02.2025. In view of it, this Court does not see any reason to interfere in the instant petition. Accordingly, the petition deserves to be dismissed at the stage of admission itself. 9. The petition is dismissed in limine. (Ravindra Maithani, J.) 05.06.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08b bd504686df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A25 5DD8EC450A84B515A087CAEFD1B3179A7 DEAE40699, cn=SANJAY KANOJIA Date: 2025.06.10 18:50:35 +05'30'