2026:JHHC:18022 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 2392 of 2026 --------- Vijay Kumar Das, aged about 59 years, son of Late Ram Dayal Ram, residing at Gangajal Valley Apartment, Flat No. 2 F, Block B, Housing Colony, Post Bariatu, Police Station Bariatu, District Ranchi ....Petitioner(s) Versus 1. The State of Jharkhand; 2. The Principal Secretary, Road Construction Department, Government of Jharkhand, Ranchi, officiating from Project Bhawan, Post Dhurwa, Police Station Dhurwa, District Ranchi; 3. The Deputy Secretary, Road Construction Department, Government of Jharkhand, Ranchi, officiating from Project Bhawan, Post Dhurwa, Police Station Dhurwa, District Ranchi; 4. The Secretary, Rural Works Department, Government of Jharkhand, Ranchi, officiating from F.F. Building, Post Dhurwa, Police Station Dhurwa, District Ranchi; 5. The Deputy Secretary, Rural Works Department, Government of Jharkhand, Ranchi, officiating from F.F. Building, Post Dhurwa, Police Station Dhurwa, District Ranchi; 6. Sri Sarkar Hansda, son of not known to the petitioner, presently posted as Executive Engineer (Flying Squad) office of Engineer- in-Chief, Rural Works Department, Government of Jharkhand, Ranchi, officiating from F.F. Building, Post Dhurwa, Police Station Dhurwa, District Ranchi ....Respondent(s) --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner(s) : Mrs. Ritu Kumar, Advocate For the Respondent(s) : Md. Sahabuddin, S.C.-VII Mr. Zeeshan Ahmad, A.C. to S.C.-VII M/s. Manoj Tandon, Aditya Kumar, Sharda Kumari, Advocates --------- 05/Dated:-19.06.2026 1. Heard learned counsel for the parties. 2. The instant writ application has been initially preferred by the petitioner for quashing the Notification contained in Memo No.895 dated 17.03.2026 (Annexure-7); whereby the petitioner has been transferred from Rural Works Division, Lohardagga to Soil Investigation Division, Ranchi. 2026:JHHC:18022 2 3. The fact reveals that after the impugned order dated 17.03.2026, the petitioner approached this Court contending that though the petitioner is Superintending Engineer, however, he has been designated as Executive Engineer and this error will create nuisance in future and the petitioner is going to retire in September, 2026. 4. Acceding to the argument of the petitioner, this Court vide its order dated 10.04.2026 has stayed the implementation of the impugned order so far as it relates to the petitioner. For brevity, para-4 of the order dated 10.04.2026 is extracted hereinbelow: “4. However, in order to prevent future complications, the order contained in memo No. 895 dated 17.03.2026 (Annexure-7), so far as it relates to the present petitioner, shall not be given effect to till the next date of hearing.” 5. The facts further reveal that on 18.05.2026, a fresh notification was issued concerning this petitioner transferring him from Soil Investigation Division to Superintending Engineer, Rural Works Department, Work Circle, Ranchi. This notification was necessitated due to the fact that though the petitioner was working as Superintending Engineer, however, due to inadvertence, he was designated as Executive Engineer upon transfer. Therefore, notification dated 18.05.2026 was issued whereby he has been further transferred as Superintending Engineer, Rural Works Department, Work Circle, Ranchi. 6. The apprehension of the petitioner is that since the petitioner never joined as Executive Engineer at Soil Investigation Division Ranchi, but now, the petitioner being transferred from 2026:JHHC:18022 3 the post of Executive Engineer to the post of present designation i.e., Superintending Engineer, will create further problem in future with regard to LPC for the obvious reason that the petitioner never joined the transferred post in view of the stay granted by this Court. 7. Learned counsel further raised a question with regard to the Government’s own circular, whereby within the last three months prior to the date of retirement, the employee should not be disturbed by way of transfer. 8. This Court is not interested in deciding the said issue because, admittedly, the petitioner is going to superannuate on 30th September, 2026; as such, interest of justice would be sufficed by clarifying the Notification by reading it in a way that the LPC will be issued to the petitioner. 9. Accordingly, the instant writ application stands disposed of with a categorical observation that this Court is not interfering with the subsequent notification dated 18.05.2026 which is annexed as Annexure-A to the supplementary counter affidavit dated 11.06.2026, whereby the petitioner has been posted as Superintending Engineer, Rural Works Department, Work Circle, Ranchi. 10. However, it is also necessary to clarify that admittedly, since the petitioner did not join at Soil Investigation Division Ranchi, therefore, the respondent will have to issue the LPC from the erstwhile office i.e., the Rural Works Division, Lohardagga. 11. With the aforesaid clarification in the notification dated 2026:JHHC:18022 4 18.05.2026, the instant writ application stands disposed of. It goes without saying that the interim order stands vacated and it is also clarified that if there are any admitted dues with regard to salary, shall be paid to the petitioner as early as possible, but not beyond a period of two weeks from the date of receipt of copy of this order. 12. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) JUNE 19, 2026 vikas/- uploaded 01/07/2026