ABINASH KUMAR PARMAR, ACF v. THE STATE OF JHARKHAND THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF FOREST
WPC/5701/2025 · 2025-11-17
Sri Ananda Sen
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35732 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35732 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:34426 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.5701 of 2025 ------
1. Abinash Kumar Parmar, ACF, son of Late Satyender Prasad Singh, resident of Parmar Niwas, House No.921E, Aanandpuri Colony, Hazaribagh, P.O. + P.S. + District Hazaribagh, Jharkhand-825302.
2. Abhay Kumar Sinha, ACF, son of Late Maheshwar Prasad, resident of Hirabag, Morris Bonglow, near Atal Chowk, Canary Road, Hazaribagh, P.O. + P.S. + District Hazaribagh, Jharkhand-
825302. … … Petitioners Versus
1. The State of Jharkhand, through the Principal Secretary, Department of Forest, Environment and Climate Change, Government of Jharkhand, Nepal House, Doranda, Ranchi, P.O. + P.S. Doranda, District Ranchi, Jharkhand-834002.
2. The Principal Chief Conservator of Forest-cum-Head of the Forest Force, Jharkhand, Van Bhawan, Doranda, Ranchi, P.O. + P.S. Doranda, District Ranchi, Jharkhand-834002.
3. The Regional Chief Conservator of Forest, Hazaribagh, P.O. + P.S. Hazaribagh, District Hazaribagh, Jharkhand-825302.
4. The Conservator of Forests, Territorial Circle, Hazaribagh, P.O. + P.S. + District Hazaribagh, Jharkhand-825302.
5. The Divisional Forest Officer, Hazaribagh West Forest Division, Van Bhawan, Hazaribagh, P.O. + P.S. + District Hazaribagh, Jharkhand-825302.
6. The Divisional Forest Officer, Hazaribagh East Forest Division, Van Bhawan, Hazaribagh, P.O. + P.S. + District Hazaribagh, Jharkhand-825302. … … Respondents ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Anil Kumar Singh, Advocate For the Respondent(s): Mr. Munna Lal Yadav, SC (L&C)-III ------
02/ 17.11.2025
Heard learned counsel representing the petitioners and
learned counsel representing the respondents.
2.
The petitioners in this writ petition have prayed for a direction upon the respondent – the Principal Secretary, Department of Forest, Environment and Climate Change, Government of Jharkhand, to forthwith approve the services of the petitioners for the period 01.07.2025 to 30.06.2026, as per the recommendation received from the Subordinate Authorities.
2025:JHHC:34426 2
3.
The fact remains that the petitioners were Assistant Conservator of Forests and after they attained the age of superannuation, their period of service was extended for one year. Now, they are praying for further extension.
4.
The prayer of the petitioners cannot be accepted by this Court. The employer is well aware of the date of superannuation of their employees. This date of superannuation is known from the day the employee enters into service. The employer thus has to plan their manpower accordingly from time to time. Extension of service is not the solution and cannot be made the Rule. Prior to superannuation, the employer must initiate a process to fill up the post which will fall vacant with the superannuation of their employees.
4.1. In this case, the State did not take any action to fill up the post and rather allowed the superannuated employees to continue by giving them extension. Giving extension to the superannuated employees, as a matter of course, is not healthy for development of the institution.
4.2. Further, this Court sitting in extraordinary jurisdiction under Article 226 of the Constitution of India, cannot direct to give extension to a superannuated employee. Any superannuated employees, have got no right to get an extension of service after superannuation. Thus, no relief can be granted to these petitioners.
5.
Accordingly, this writ petition stands dismissed.
(ANANDA SEN, J.)
17th November, 2025 Prashant. Cp-2