Bombay High Court

REKHA VIJAYSINH SOLANKEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: N B SURYAWANSHI VAISHALI PATIL JADHAV

Holding

The High Court held that it will not interfere with the Tribunal’s discretionary interim order refusing a stay of the transfer.

Summary

The petitioner, an Assistant Commissioner in the Backward Class Cell, was transferred to the post of Deputy Election Officer in Parbhani, but upon arrival the post was found to be non‑vacant, preventing him from joining. He approached the Maharashtra Administrative Tribunal seeking a stay of the transfer, which the Tribunal refused. The petitioner filed a writ petition under Article 227 of the Constitution challenging the Tribunal’s interim order. The High Court observed that the Tribunal’s decision was discretionary and, at the interim stage, the Court would not interfere with it. However, the Court directed the Tribunal to hear the petitioner’s original application promptly, preferably within six weeks, and disposed of the writ petition without granting any relief.

Issues considered

Whether the High Court should interfere with the Maharashtra Administrative Tribunal’s discretionary interim order refusing a stay of the petitioner’s transfer
Whether the petitioner is entitled to a stay of the transfer pending adjudication of the original application

Legislation cited

Constitution of India — s. Article 227

Subjects

Article 227
Administrative law
Transfer of government servant
Stay order
High Court jurisdiction
Maharashtra Administrative Tribunal
Interim relief

Judgment

2026:BHC-AUG:9330-DB


                                                {1}                   WP15121-25.doc
                drp
                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                                WRIT PETITION NO.15121 OF 2025

                Rekha Vijaysinh Solanke                                PETITIONER

                       VERSUS

                The State of Maharashtra and Others                  RESPONDENTS

                                             .......
                Mr. Ganesh J. Kore, Advocate for the Petitioner
                Mrs. V. P. Dama, AGP for Respondent - State
                                             ....…

                             [CORAM : NITIN B. SURYAWANSHI, &
                                       VAISHALI PATIL-JADHAV, J. J.]

                                     DATE : 4th MARCH, 2026

                ORDER :

                1.     By this Petition, filed under Article 227 of the Constitution

                of India, the Petitioner has taken exception to the order dated

                17th November, 2025 passed by learned Single Member of the

                Maharashtra Administrative Tribunal, Aurangabad Bench, thereby

                refusing to grant stay to the transfer of the Petitioner.


                2.     The Petitioner was transferred from the post of Assistant

                Commissioner, Backward Class Cell, Chhatrapati Sambhaji Nagar

                to Deputy Election Officer, Parbhani. When the Petitioner went to

                join on his transferred post, it was revealed that the said post

                was not vacant and, therefore, the Petitioner could not join on
                                {2}                     WP15121-25.doc

that post. Hence, the Petitioner approached the Tribunal, but

stay to the transfer order of the Petitioner was refused.


3.    Since the Petitioner has challenged interim order, we are

not inclined to interfere in the discretionary order passed by the

learned Tribunal, at interim stage. The Tribunal is, however,

requested to hear the Original Application filed by the Petitioner

and decide it as expeditiously as possible, preferably within a

period of 6 weeks from the date of receipt of this order. With

these observations, the Writ Petition is disposed of.



[ VAISHALI PATIL-JADHAV ]             [ NITIN B. SURYAWANSHI ]
          JUDGE                                    JUDGE

drp/WP15121-25.doc

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