2025:JHHC:23451 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5533 of 2022 ----- Smt. Shiv Kumari, D/o Chunchun Kumar, R/o North Shivpuri, Hazaribagh, P.O., P.S. and District- Hazaribagh ------ Petitioner(s) Versus 1.The State of Jharkhand 2.Secretary Urban Development Department, Government of Jharkhand 3.Director, Urban Development Department, Government of Jharkhand 4.Executive Officer, Phusro Nagar, Parisar, P.O. & P.S.- Phusro, District Bokaro ------ Respondent(s) …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Kalyan Roy, Advocate Mr. Abhishek Kumr, Advocate For the State : Mr. Rituraj, AC to S.C.-VI Ms. Deepika Jojowar, AC to S.C.-VI …...... 17 / 13.08.2025: Heard, learned counsel for the parties. 2. The post retiral benefits of the petitioner is withheld by the respondents on the ground that the petitioner was transferred from Phusro to Medninagar, but the petitioner did not join. 3. Learned counsel for the petitioner submits that four months prior to the date of retirement, the petitioner was transferred. Since the transfer order was illegal, the same should not have been given effect too and it is submitted that petitioner filed a representation, but in the meantime, the petitioner superannuated. He submits that post retiral benefits of the petitioner is not been paid on the ground that the same has to be paid from Medninagar where she was transferred. 4. Learned counsel appearing on behalf of the State submits that petitioner was already been transferred from Phusro to Medninagar and thereafter she was released, she ought to have joined as admittedly, there was no stay on the order of transfer by any superior authority. Further, the petitioner’s payment has to be made from Medninagar, Nagar Parishad. 5. After hearing the parties, I find that admittedly, the petitioner was transferred from Phusro, Nagar Parishad to Medninagar, Nagar Parishad. Admittedly, the petitioner did not join. Whether the transfer order is bad, illegal or irregular has to be decided by a competent authority. The person, who has been transferred cannot himself or herself decide whether the transferred order is bad or not and cannot act accordingly. Unless and order which is bad or illegal is set aside or recalled by an appropriate authority or Court, the said order remains a legal order. 6. The fact which is admitted is that the petitioner has not joined Medninagar, but it is also a fact that the petitioner has superannuated on 02.02.2020, after serving the department for more than 20 years. 7. Since, the petitioner has superannuated from service, the petitioner is entitled to receive the benefits arising out of such superannuation. The issue now falls for consideration from where the amount will be disbursed to the petitioner. To decide the aforesaid issue several facts are to be looked. Thus, at this stage, I direct the petitioner to approach the Secretary Urban Development Department, Government of Jharkhand claiming her retiral benefits. The said representation should be filed within four weeks from today. On receipt of the said representation, the Secretary Urban Development Department, Government of Jharkhand within six weeks will decide the claim of the petitioner and will also direct the appropriate authority who will disburse the retiral benefits. 8. The aforesaid decision must be taken within six weeks, the admissible amount should be disbursed within four weeks thereafter to the petitioner, if any portion of the claim is rejected, the reasons thereof should be communicated to the petitioner within the aforesaid period. 9. The writ petition stands disposed of. (ANANDA SEN, J.) R.S.