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Bombay High Court

SAYAJI VISHNU CHAVANversusTHE STATE OF MAHARASHTRA THR. THR THE SECRETARY, VILLAGE DEVELOPMENT AND PANCHAYAT RAJ DEP AND ORS.

Disposal
Disposed Off

Holding

The petition is dismissed; the petitioner must make an application to the competent authority under the 2014 Government Resolution for any exemption based on age or medical condition.

Summary

The petitioner, a 56‑year‑old driver employed by the Zilla Parishad Health Department, was transferred in March 2026 from Savarde to Panchayat Samiti, Bhudargad, a distance of about 100 km. He claimed that, under clause 3¼(k) of the Government Resolution dated 15 May 2014, his age made him eligible for exemption from such a transfer and also relied on a medical certificate indicating severe lumbar spondylosis. The Court observed that the exemption provision is procedural and requires the petitioner to file an application with the competent authority; no mala fides in the transfer was shown. The medical certificate, while evidencing a health issue, does not automatically render the petitioner unfit for his duties as a driver. Consequently, the Court dismissed the writ petition, directing the petitioner to pursue the exemption through the prescribed administrative process.

Issues considered

  • Whether the petitioner is entitled to exemption from the transfer under clause 3¼(k) of the 2014 Government Resolution on the basis of age exceeding 53 years.
  • Whether the petitioner can obtain exemption on medical grounds without first filing an application under the said resolution.
  • Whether the court can set aside the transfer order in the absence of any allegation of mala fides.

Subjects

  • transfer order
  • exemption clause
  • age factor
  • medical certificate
  • government resolution
  • writ petition
  • administrative law

Judgment

                                                                 4-WP-2190-2026 (C).doc


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

                                WRIT PETITION NO. 2190 OF 2026

                                   Sayaji Vishnu Chavan
                                          VERSUS
              The State Of Maharashtra Thr. The Secretary, Village Development
                             And Panchayat Raj Dep And Ors.

             Ms. Ketaki Patil, Advocate for the Petitioner
             Ms. Tejas Kapre, AGP for the State
             Mr. Kedar Lad a/w Ms. Indrayani Patil a/w Ms. Poonam Dhotre,
             advocate for Respondent Nos. 2 and 3

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

             P. C. :

             1.        Heard Ms. Ketaki Patil, learned advocate for the Petitioner.

             The present Writ Petition was posted for final disposal today after it
IRESH
MASHAL

             was mentioned the day before yesterday. The Petitioner before us is
Digitally
signed by
IRESH
MASHAL
Date:
2026.06.22
19:03:00
+0530
             an employee as a driver in the Health Department of Zilla Parishad,

             Kolhapur, and presently attached to the Primary Health Centre,

             Savarde, Tal: Hatkanangale, Dist: Kolhapur since the year 2005. In

             the month of March 2026, he was transferred in the normal course

             in terms of the applicable Government Resolution. That transfer




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order is appended at Exhibit ‘A’ Page 13. It is a transfer order with

regard to 13 employees of the Zilla Parishad, Kolhapur.

2.    Ms. Patil, learned advocate for the Petitioner would

vehemently persuade the Court to consider the fact that the

Petitioner is 56 years old and he has been transferred from Savarde,

Tal: Hatkanangale to Pachayat Samiti, Bhudargad which is 100 Kms

away. At the outset, she would submit that the Petitioner is

victimized because other transfers are within very close range.

However, we do not have that data before us and in any event, on

reading Exhibit ‘A’, we do not agree with the submissions made by

Ms. Patil.

3.    Ms. Patil would draw our attention to the impugned

Government Resolution dated 15th May 2014 under which the said

transfer has been effected. She would submit that if clause 3¼[k½ is

perused, the Petitioner being more than 53 years old, would be

entitled and eligible to seek exemption. We have perused clause

3¼[k½ and prima facie agree with the submission made by Ms. Patil;
however, what we find is that, if the Petitioner is seeking an

exemption under such a provision, then his case cannot be

considered by us in the present Writ Petition as there is no mala


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fides involved whatsoever. The Petitioner under clause 3¼x½ then

needs to make an appropriate application to the concerned

Competent Authority in that regard for consideration on the

available grounds. In the present case, it is seen that the Petitioner’s

transfer was effected on 10th March 2026; however, Petitioner on

11th March 2026 has obtained a medical certificate from Kudalkar

Hospital, which is run by Dr. Mrs. Smita Suraj Kudalkar, M.B.B.S.,

M.D.(MED) and Dr. Mr. Suraj Vilas Kudalkar, M.B.B.S., D. Ortho,

certifying that the Petitioner has been examined on 11 th March 2026

for severe lumbar spondylosis. The said certificate reads that he has

been operated for Hernia and there is severe pain in the lumbar

region, and he is advised to avoid long travelling. The said

certificate is heavily relied upon by Ms. Patil in support of the

Petitioner’s case to show medical exigency. Such certificate, prima

facie, does not inspire confidence of this Court at all. Petitioner is a

driver and if such reason is countenanced, then he will be unfit for

his duty as driver.

4.    Be that as it may, the Petitioner is well within his right to

make an application to the concerned Authority under the said

Government Resolution, if at all he seeks any exemption on account



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        of his age factor or any ailment. He has not done so. However, we

        find that the Petitioner has been on medical leave since 11 th March

        2026. In that view of the matter, the bonafides of the Petitioner are

        not appreciated by the Court at all. However, this may not be

        construed as the Court holding anything against the Petitioner. The

        Petitioner, if so, is within his right to make an appropriate

        application under the said Government Resolution on account of his

        age and can approach the Authority in accordance with law. If he so

        approaches, the Authority can decide such application in accordance

        with law.

        5.    Writ Petition is dismissed.

        6.    All contentions of the Petitioner are kept open. We clarify that

        we have not considered the Petitioner’s case for transfer.



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

Iresh




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