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2026 DAILYLAW 19122 (JHR)

RAJESH KUMAR SAHU v. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY

WPC/1203/2026 · 2026-07-01

Deepak Roshan

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Judgment text

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2026:JHHC:19238 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 1203 of 2026 --------- Rajesh Kumar Sahu, aged about 38 years, S/o Gurupad Sahu, R/o Village Choga, P.O. Tuta, P.S. Inchagarh, District - Seraikella Kharswan. ....Petitioner(s) Versus 1. The State of Jharkhand through the Chief Secretary, Government of Jharkhand having its office at Project Bhawan, P.O. Dhurwa, P.S. Jagarnathpur & District-Ranchi. 2. The Principal Secretary, School, Education and Literacy Department, Government of Jharkhand having office at Project Building, P.O., P.S. Dhurwa & District Ranchi. 3. The Director, Secondary Education, School, Education & Literacy Department, Government of Jharkhand, having office at Project Building, P.O., P.S. Dhurwa & District Ranchi. 4. The Deputy Commissioner, Ranchi, P.O., P.S. & District- Ranchi. 5. The District Education Officer, Ranchi, P.O., P.S. & District- Ranchi. 6. District Education Officer, Seraikela-Kharsawan, P.Ο., P.S. & District-Seraikela-Kharsawan. ....Respondent(s) --------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner(s) : Mr. Chanchal Jain, Advocate Mr. Abhijeet Indra Guru, Advocate For the Respondent(s) : Mr. Zeeshan Ahmad Khan, A.C. to S.C.-VII --------- 04/Dated:-01.07.2026 1. Heard learned counsel for the parties. 2. The instant writ application was initially preferred by the petitioner praying therein for the following reliefs: i. For showing cause the respondent District Education Officer, Ranchi as to why, despite the transfer of the petitioner having already been duly approved by the Director, Secondary Education, Ranchi vide Letter No. 1415 dated 02.05.2025 (Annexure 3) and further reaffirmed vide Memo No. 2909 dated 31.10.2025 (Annexure 4), and the said District Education Officer himself admitting vide Letter No. 3458 dated 13.12.2025 (Annexure 6) that the post of Trained Graduate Teacher in Geography would fall vacant with effect from 01.01.2026, the petitioner has not yet been transferred to Ranchi, which is contrary to decisions of the senior authority, and is arbitrary, unreasonable and violative of Articles 14 and 21 of the Constitution of India, particularly in view of the petitioner's serious medical condition of valvular heart disease, an incurable ailment requiring continuous medical supervision available at Ranchi. ii. For a writ of mandamus commanding upon the respondents to give effect to and implement the decision of the Director, Secondary 2026:JHHC:19238 2 Education, Ranchi as communicated vide Letter No. 1415 dated 02.05.2025 read with Memo No. 2909 dated 31.10.2025, and to forthwith transfer and post the petitioner as Trained Graduate Teacher in Geography at Balakrishna +2 High School, Ranchi, against the clear and admitted vacancy arising due to the superannuation of Sri Jai Prakash Singh on 31.12.2025. 3. A counter affidavit has been filed in this case wherein at para 6 and 7, it has been categorically stated that looking to the petitioner’s serious medical condition, his claim has been accepted by the District Education Establishment Committee, Ranchi on 13.05.2026 and accordingly, the petitioner has been duly posted in Upgraded High School, Mankidih, Tamad, Ranchi. 4. Thus, it appears that the grievance of the petitioner has been redressed. However, learned counsel for the petitioner upon instruction submits that it is true that he has been duly posted in Upgraded High School, Mankidih, Tamad, Ranchi, but the same school is not functional and as such, he may be permitted to give his joining in the Headquarter/Office of the District Education Officer, Ranchi. 5. In reply to the same, there is no objection from the respondents so far as giving joining before the District Education Officer, Ranchi is concerned. 6. Having regard to the aforesaid facts and circumstances, the instant writ application, is hereby, disposed of by directing the petitioner to give his joining before the District Education Officer, Ranchi. It is also observed that since the petitioner has contended that the school, where the petitioner has been posted, is non-functional; accordingly, the concerned District Education Officer shall verify the matter and do the needful. It is 2026:JHHC:19238 3 further necessary to observe that in all these verifications etc., there should not be any break in payment of salary and the petitioner will continue to get his regular salary as he was getting earlier. 7. Pending I.A., if any, also stands closed. (Deepak Roshan, J.) JULY 1, 2026 vikas/- uploaded 07/07/2026