Central Administrative Tribunal
Ishteyaq Ahmad Mir vs UNION OF INDIA on 26 October 2026
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 1181 OF 2026
(Srinagar, 26th day of October 2026)
C O R A M
HON’BLE MR. M. S. LATIF, MEMBER (JUDL.)
HON’BLE MR. PRASANT KUMAR, MEMBER (ADMN.)
............
1.
P. NO. 6971471Y Ishteyaq Ahmad Mir (Aged About 46 Years)
S/o Mohd Yousuf Mir R/o Tailwani Achabal Anantnag.
(Applicant is Group-C employee and working in the office of the respondents)
............ Applicant(s).
By Advocate: - Mr. Sayeed Faheem Andrabi.
Versus
1.
Union of India through Secretary to Government of India, Ministry of Defence, New Delhi-110011.
2.
Director General of Ordinance Services (OS-8C) Master General of Ordinance Branch Integrated HQ of Ministry of Defence, Army, New Delhi-110011.
3.
Chief Records Officer For OIC Records, AOR Records C/O. 56
APO Secunderabad Pin 900453.
4.
Headquarters Northern Command C/O 56 APO Udhampur- 908545
5.
Commandant 21 FAD C/O 56 APO Khundroo-909721.
6.
Administrative Officer for Commandant 21 FAD C/O 56 APO
Khundroo-909721.
7.
Personal Officer for Commandant 21 FAD C/O 56 APO
Khundroо-909721.
......... Official Respondents.
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PUNIA
By Advocate: - Mr. Numan Malik, CGC vice Mr. Tahir Majid Shamsi, DSGI.
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ORDER
(Oral)
Per Hon’ble Mr. M.S. Latif, Member (Judl.)
Through the medium of the instant O.A., the applicant seeks the following reliefs:
a. Set aside the impugned Promotion-cum-Posting order dated 23/09/2026 to the extent posting of the Applicant, as well as the consequential arbitrary Movement Order dated 14/10/2026.
b. Direct the Respondents to process the case of the applicant on compassionate grounds or accept the Applicant's formal application of unwillingness dated 12/10/2026, allowing him to continue at his existing station.
c. Restrain the Respondents from taking any adverse disciplinary action or executing a Unilateral Movement Order (UMO) against the Applicant pending the final adjudication of this O.A.
d. Pass any other order(s) as this Hon'ble Tribunal deems fit and proper in the interest of justice in the facts and circumstances of the case, in favour of the applicant and against the respondents.
2. What emerges from the pleadings made in the O.A. is that the applicant is a Civilian employee in the respondent department, currently working as a Fireman in 21 FAD Khundru, where the applicant is performing his official duties. It is stated that a Departmental Promotion Committee (DPC) was convened by the
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respondents for promotion to the next higher grade and the respondents sought choice from eligible employees as regards their prospective placement upon promotion. As stated, the applicant had given his choice as regards his prospective promotion, i.e., 21 FAD, Khundroo, 2 FOD, Srinagar, 19 DOU, Pattan.
3. It is further stated that the respondents have issued an order of promotion by virtue of which the applicant, Ishteyaq Ahmad Mir, has been promoted and posted to 119 (1) Inf Bde Gp OMC, Uttarakhand.
4. Learned counsel for the applicant, Mr. Sayeed Faheem Andrabi, submits that the applicant is suffering from a life threatening disease, as such, it may not be possible for him to join at the place of his promotion as mentioned in the order of promotion. He submits that by virtue of a representation dated 12.10.2026, the applicant has already expressed his unwillingness to accept the promotion from Fireman to Lead Hand Fireman (LHF). He further submits that the representation of the applicant has not been considered.
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5. Admittedly, an employee has a right in law to forego his promotion in the facts and circumstances of each case and in the instant case, he has already given his willingness that he would forego his promotion and he would continue to serve as a Fireman. In this view of the matter, the competent authority can very well consider the case of the applicant in accordance with law and allow the applicant to forego his promotion. If an employee is not willing to work at his promoted post/place, his case can very well be considered for foregoing the promotion.
6. Heard.
7. At the request of learned counsel for the applicant, the O.A. is taken up for its disposal.
8. The O.A. is disposed of by providing that the respondents shall consider the representation filed by the applicant dated 12.10.2026 and pass speaking order in the matter within a period of four weeks positively, and take decision accordingly in the given facts and circumstances of the case. Further, for a period of four weeks', the present place of posting of the applicant shall not be disturbed and the movement order dated 14.10.2026 as it relates
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to the applicant shall not be acted upon. It is made clear that it shall be the duty of the competent authority to decide the representation within the aforesaid period of four weeks without any fail and any delay in disposal shall solely be attributable to the respondents.
9. Accordingly, O.A. No. 1181/2026 is disposed of along with all connected M.A.s, if any.
(Prasant Kumar) Member (Admn.) (M. S. Latif) Member (Judl.)
Abhishek Punia Court Master 26.10.2026
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