Bombay High Court

ASHISH PRAKASH KAPILEversusTHE STATE OF MAHARASHTRA THR ASST. GOVT. PLEADER AND ORS

Disposal: Disposed Off
Bench: MILIND N JADHAV NANDESH SHANKARRAO DESHPANDE

Holding

The Court disposed of the petition, directing the respondents to consider the transfer request only when a vacancy actually arises.

Summary

The petitioner, Ashish Prakash Kapile, filed a writ petition seeking a transfer from his posting at Pophali to either Nashik or Bhusawal, citing an order of the Industrial Court dated 31 May 2023. The respondents, the State of Maharashtra and others, contended that no suitable post exists at the desired locations, particularly that the petitioner’s post is not available at Nashik and no vacancy exists at Bhusawal. The petitioner argued that a vacancy is expected to arise at Bhusawal next year due to the superannuation of the incumbent. The Court, without expressing an opinion on the merits, directed the respondents to consider the petition when a vacancy actually materialises and kept the petitioner’s contentions open for future consideration. Consequently, the writ petition was disposed of with the said direction.

Issues considered

Whether the petitioner is entitled to a transfer to Nashik or Bhusawal in the absence of an existing vacancy.
Whether the Court can direct the respondents to consider the transfer petition only upon the occurrence of a vacancy.

Subjects

transfer of service
industrial court order
vacancy
public service
writ petition

Judgment

1-WP-14128-2023 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 14128 OF 2023

Ashish Prakash Kapile
VERSUS
The State Of Maharashtra Thr Asst. Govt. Pleader And Ors

Ms. Twinkal P. Kotawadekar i/b Mr. Prasad Rokade, advocate for the
Petitioner
Ms. Tejas Kapre, AGP for Respondent No. 1-State
Dr. Santosh A. Shah a/w Mr. Poras Shah, Ms. Darshana Kalamkar,
Ms. Shivani Nerlekar for Respondent Nos. 2 to 8

CORAM : MILIND N. JADHAV, &
NANDESH S. DESHPANDE, JJ.
DATE : 22nd JUNE, 2026

P. C. :

1. Heard Ms. Kotawadekar, learned advocate for the Petitioner.

She has tendered brief synopsis. The petition is for
IRESH
MASHAL

Digitally
enforcement of the order of the Industrial Court dated 31 st May
signed by
IRESH
MASHAL
Date:
2026.06.22
19:03:04
+0530 2023. The petitioner seeks transfer from Pophali to Nashik or

Bhusawal. However, the Respondents have contended that there is

no post available for the desired category in which the Petitioner is

working at Bhusawal while at Nashik, the Petitioner’s post itself is

not available.

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1-WP-14128-2023 (C).doc

2. To counter the same, the submissions of learned advocate for

the petitioner is that, by the next year, a position/post is going to get

vacant on superannuation of the subsisting incumbent at Bhusawal.

3. If that is the case, as and when that post gets vacant and

vacancy subsists, Respondents are directed by this Court to consider

the case of the Petitioner, strictly in accordance with law.

4. All contentions of the Petitioner are otherwise kept open for

the purpose of transfer, without expressing any opinion on merits.

5. Writ Petition stands disposed of in above terms.

[NANDESH S. DESHPANDE, J.] [MILIND N. JADHAV, J.]
Iresh

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