Created by Fuzzy Cloud

Bombay High Court

YOGESH SHIVAJI GOSAVIversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court held that the petitions could not be entertained due to the eight-year lapse and therefore disposed of them.

Summary

The petitioners, who are Zilla Parishad teachers, filed multiple writ petitions challenging their transfers effected in 2018. The transfers had, in some cases, already been implemented. The Court observed that approximately eight years had elapsed since the transfers, rendering the challenges untimely. It held that the lapse of such a considerable period precludes the Court from entertaining the petitions. Consequently, all the writ petitions and any pending applications were disposed of without further hearing.

Issues considered

  • Whether a writ petition challenging a government employee's transfer can be entertained after an eight-year lapse.

Subjects

  • transfer
  • government employee
  • Zilla Parishad teacher
  • limitation period
  • writ petition
  • administrative action
  • public service

Judgment

2026:BHC-AUG:39993-DB

                                                                   30 WP NO. 5559 OF 2018


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              WRIT PETITION NO. 5559 OF 2018

                                     Yogesh Shivaji Gosavi
                                           VERSUS
                             The State Of Maharashtra And Others
                                              …
                                            WITH
                              WRIT PETITION NO. 5561 OF 2018

                                 Vaishali Subhashrao Gaikwad
                                            VERSUS
                             The State Of Maharashtra And Others
                                              …
                                             WITH
                              WRIT PETITION NO. 5560 OF 2018

                                   Satish Tukaram Gangarde
                                            VERSUS
                             The State Of Maharashtra And Others
                                              …
                                             WITH
                            CIVIL APPLICATION NO. 10082 OF 2018
                                       IN WP/5559/2018

                                 Laxman Ankush Sonawalkar
                                           VERSUS
                             The State Of Maharashtra And Others
                                             …
                                            WITH
                              WRIT PETITION NO. 5562 OF 2018

                                   Madhav Prabhakar Gosavi
                                          VERSUS
                               State Of Maharashtra And Others
                                             …
                                           WITH
                              WRIT PETITION NO. 5564 OF 2018

                                 Smt Jyoti Padmakar Ghawate
                                           VERSUS

                Jhs/                                                                1/3
                                                            30 WP NO. 5559 OF 2018


                      State Of Maharashtra And Others
                                    …
                                  WITH
                     WRIT PETITION NO. 5563 OF 2018

                        Smt Nirmala Rangnath Dhere
                                 VERSUS
                      State Of Maharashtra And Others
                                    …
                                  WITH
                     WRIT PETITION NO. 5825 OF 2018

                         Manisha Abhiman Kharade
                                  VERSUS
                    The State Of Maharashtra And Others
                                    …
                                   WITH
                     WRIT PETITION NO. 5830 OF 2018

           Sonali Ashok Dokhe @ Sonali Ajit Gadekar And Another
                                  VERSUS
                    The State Of Maharashtra And Others
                                    …

       •   Mr. Arvind G. Ambetkar, Advocate for the Petitioners in Writ
           Petition Nos. 5559 of 2018, 5560 of 2018, 5561 of 2018, 5562
           of 2018, 5563 of 2018, 5564 of 2018, 5825 of 2018 and 5830
           of 2018.

       •   Mr. Ajay T. Kanawade, Advocate for the Applicant in Civil
           Application No. 10082 of 2018 in Writ Petition No. 5559 of
           2018.

       •   Mr. R. S. Wani, AGP for Respondent Nos. 1 to 4 – State.

       •   Mr. Shivaji T. Shelke, Advocate for Respondent Nos. 5 and 6 in
           the respective Writ Petitions.
                                      …

                                    CORAM : KISHORE C. SANT &
                                            JITENDRA JAIN, JJ.
                                    DATE     : 31st AUGUST, 2026



Jhs/                                                                         2/3
                                                          30 WP NO. 5559 OF 2018




PER COURT :

1.        All these petitions concern the transfers of the petitioners,

who are Zilla Parishad teachers. The petitioners challenge their

respective transfers effected in the year 2018. It is informed that

some of the transfers have already been effected. Considering the

lapse of about eight years, this Court does not find it appropriate to

entertain the challenge to the transfers at this stage.

2.        In view of the above, no case is made out for entertaining

these petitions. Hence, the Writ Petitions stand disposed of.

3.        Pending applications, if any, also stand disposed of.




 [JITENDRA JAIN, J.]                            [KISHORE C. SANT, J.]




Jhs/                                                                       3/3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.