2025:JHHC:21250-DB -1 of 4- IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No. 1137 of 2024 Law Pandey, Aged -About 47 years, S/O Vishwanath Pandey, Resident of House No. 323, Sri Nagar, Near Vidya Nagar, Harmu, P.O.-Doranda, + P.S.- Argora, District-Ranchi (Jharkhand)-834002 … … … Petitioner Versus 1. The State of Jharkhand 2. The Chief Secretary, Government of Jharkhand, Jharkhand Mantralaya, Project Building, Dhurwa, Ranchi, P.O. & P.S.-Dhurwa, District-Ranchi-834004. 3. The Secretary, Department of Agriculture, Animal Husbandry and Cooperative (Agriculture Ving), Government of Jharkhand, Nepal House, Doranda, P.O.+P.S.-Doranda, Ranchi-834003 (Jharkhand). 4. The Principal Secretary, Department of Planning-cum-Finance, (Finance), Government of Jharkhand, Project Building, Dhurwa, P.O.+P.S.-Dhurwa, Ranchi-834004 (Jharkhand). 5. The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Project Building, Dhurwa, P.O.+ P.S.-Dhurwa, Ranchi-834004 (Jharkhand). 6. The Director of Agriculture, Directorate of Agriculture, Government of Jharkhand, First Floor, Agriculture Building, Laxmi Niwas, Kankey Road, Jharkhand, P.O.-Ranchi University Post Office, P.S. Gonda, District-Ranchi (Jharkhand)-834008. 7. The Joint Director of Agriculture, Directorate of Agriculture, Government of Jharkhand, First Floor, Agriculture Building, Laxmi Niwas, Kankey Road, Jharkhand, P.O.- Ranchi University Post Office, P.S. Gonda, District-Ranchi (Jharkhand)-834008. 8. The Additional Director of Agriculture, Directorate of Agriculture, Government of Jharkhand, First Floor, Agriculture Building, Laxmi Niwas, Kankey Road, Jharkhand, P.O.- Ranchi University Post Office, P.S. Gonda, District-Ranchi (Jharkhand)-834008. 9. The Chief Electoral Officer, Near Gayatri Mandir, HEC Colony, Sector-2, Dhurwa, Ranchi, P.O. Dhurwa, P.S. Jagarnathpur, District- Ranchi (Jharkhand)-834004. 10. The Principal Secretary, Department of Cabinet (Vigilance), Project Building, Dhurwa, P.O.+ P.S. Dhurwa, District-Ranchi-834004. 11. The Deputy Commissioner, Ranchi, Collectorate Office, Near Kachahri, Ranchi, P.O.-G.P.O., Ranchi, P.S.-Lalpur, District-Ranchi (Jharkhand)-834004. 2025:JHHC:21250-DB -2 of 4- 12. The Treasury Officer, Ranchi, Collectorate Office, Ranchi, Near Kachahri, Ranchi, P.O.-G.P.O., Ranchi, P.S.-Lalpur, District-Ranchi (Jharkhand)-834004. 13. Union of India through Principal Secretary, Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi, Post Office-Sansad Marg Head Post Office, P.S. Sansad Marg Police Station-110001. 14. The Accountant General, Jharkhand, Ranchi, P.O. + P.S.-Doranda, District-Ranchi-834002 … … … Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD --------- For the Petitioner: Mr. Anil Kumar Singh, Advocate For the UOI: Mr. Anil Kumar, ASGI Ms. Nitu Sinha, CGC For Resp. No.9: Mrs. Richa Sanchita, Advocate Ms. Suman Roy, Advocate For the State: Mr. Piyush Chitresh, A.C. to A.G. For the A.G.: Mr. Sudarshan Shrivastava, Advocate --------- 06/Dated: 29.07.2025 1. Heard. 2. The instant Public Interest Litigation has been instituted for grant of the following substantive relief:- “A. For issuance of Writ of Mandamus directing the respondent authorities to strictly implement the transfer orders contained in the office order number-93, Ranchi/dated 25/07/2023 of the Office of the Director of Agriculture, Jharkhand, Ranchi and the Office Order Number-12, Ranchi/dated 04/07/2023 of the Office of the Joint Director of Agriculture, South Chotanagpur Region Ranchi whereby and whereunder altogether 32 clerks have been transferred from one place of their posting to another place, after a long period of time (after more than 3 to 20 years), but many of them have not been relieved due to order of the Joint Director only with an aim to cover up corruption prevailing in the Department of Agriculture and to allow further corruption. AND, 2025:JHHC:21250-DB -3 of 4- B. For issuance of Writ of Mandamus directing the respondent authorities to get the property returns of the affected clerks whose transfer orders have not been made effective in guise of orders of their deputation and also the property of the Director/Joint Director of Agriculture, Jharkhand be physically verified by the State Vigilance Department from their known source of income and take appropriate actions if required under the law. AND, C. For issuance of Writ of Mandamus directing the respondent authorities to fill the vacant post of the clerks and other posts in the Department of Agriculture, Animal Husbandry and Co- operation, Government of Jharkhand as per the Rules framed by the Governor of the State of Jharkhand and if the Rules have not been framed in that matter to fill the same only after framing the same in accordance with the provisions contained in Article 309 of the Constitution of India without further loss of time.” 3. As regards relief ‘A’, suffice it to say that the policy of transfer is not justifiable and even otherwise, it is not the domain of this Court to order much less direct the respondents to transfer the employee from one place to the other irrespective of the State at the given station. 4. As regards relief ‘B’, there is no averment in the petition as to which of the Clerks who have filed the property returns have property that is unaccounted for so as to hold the physical verification of the same through the State Vigilance Department. 5. Likewise, as regards relief ‘C’ seeking direction to the respondents- authorities to fill up the vacant posts of Clerks and other posts in the Department of Agriculture, Animal Husbandry and Cooperative, it is more than settled law that is the sole prerogative of the employers/department to fill up the posts and is not for the Court to dictate terms to the 2025:JHHC:21250-DB -4 of 4- respondents in this regard unless, of course, the State/Department is not filling up the posts by any extraneous consideration or malafide reasons. 6. Having said so, we find no reason to entertain this W.P.(PIL), consequently, the same is dismissed. Pending Application, if any, stands disposed of. (Tarlok Singh Chauhan, C.J.) (Sujit Narayan Prasad, J.) APK/VK