Bombay High Court
VAISHALI ARVIND UGALMUGALEversusTHE STATE OF MAHARASHTRA THROGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court vacated the ad‑interim relief and disposed of the writ petition, directing the petitioner to prosecute the appeal before the Commissioner.
Summary
Vaishali challenged a transfer order dated 15 June 2025 that moved her from an aided primary ashram school in Raisingpur to another school in Makadkund. The High Court initially granted ad‑interim relief staying the transfer and directing the authorities to keep her services at Raisingpur. Sushila Wadile filed a civil application seeking vacating of that interim relief, arguing that she had already been transferred to Raisingpur, was drawing salary there, and needed to care for her mentally retarded daughter, so the stay would prejudice her. The petitioner's counsel pointed out that six posts exist at Raisingpur with two vacancies, and that the petitioner had already appealed the transfer to the Commissioner, Tribal Development. The Court held that the petitioner should pursue the pending appeal before the Commissioner and vacated the ad‑interim relief, disposing of both the writ petition and the civil application.
Issues considered
- Whether the ad‑interim stay of the transfer order should continue in view of the applicant's personal hardship and the existence of vacancies.
- Whether the pending appeal before the Commissioner, Tribal Development, obviates the need for continued judicial intervention.
Subjects
- transfer order
- interim relief
- civil service
- disability
- caretaker
- appeal
- tribal development
- writ petition
- stay order
Judgment
2026:BHC-AUG:42695-DB
1 23.CA.10299.26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 9267 OF 2026
VAISHALI D/O ARVIND UGALMUGALE
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Advocate for petitioner : Mr. V.A. Dhakne
AGP for Respondents/State : Mr. V.M. Kagne
Advocate for Respondent No.6 : Mr. M.S. Kulkanri
…
WITH
CIVIL APPLICATION NO. 10299 OF 2026
IN WP/9267/2026
SUSHILA RATILAL WADILE
VERSUS
THE STATE OF MAHARASHTRA THROUGH
ITS SECRETARY AND OTHERS
...
Advocate for Applicant : Mr. Girish Rane
AGP for Respondents/State : Mr. V.M. Kagne
Advocate for Respondent No. 6 in WP : Mr. M.S. Kulkanri
Advocate for respondent No.9 : Mr. V.A. Dhakne
…
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 11.09.2026
PER COURT:
1. By this petition, the petitioner has challenged the transfer order
dated 15.06.2025, issued by respondent No.6, thereby transferring the
2 23.CA.10299.26.odt
petitioner from Aided Primary Ashram School, Raisingpur,
Tq. Akkalkuwa and Dist. Nandurbar, to Primary Ashram School,
Makadkund, Tq. Akrani, Dist. Nandurbar.
2. On 12.08.2026 at the time of admission hearing this Court
issued notices and granted ad-interim relief in terms of prayer clauses
‘C’ and ‘D’, thereby, granting stay to the transfer order and further
directing the respondents to continue the services of the petitioner at
Raisingpur.
3. Ms. Sushila Ratilal Wadile, has filed the Civil Application for
vacating interim relief, contending that she was transferred by order
dated 15.06.2025 from the post of Cook of Ashram School Makadkund
to Ashram School Raisingpur and on the same day, the petitioner was
transferred on administrative grounds from Ashram School,
Raisingpur, to Ashram School, Makadkund. The applicant accordingly
joined at Primary Ashram School, Raisingpur, on 16-06-2025. The
salary of the applicant was directed to be released from the transferred
place, i.e., Raisingpur, and the same is accordingly released pursuant
to the communication dated 05-08-2025. The applicant has further
contended that she has a mentally retarded daughter, aged about 25
years, who is bedridden and regularly requires personal attendance of
her mother, i.e., the applicant. She is suffering from 80% mental
retardation, therefore, she cannot be left alone. It is contended that,
3 23.CA.10299.26.odt
because of grant of interim relief in favour of the petitioner, applicant’s
interest is likely to be affected adversely and serious prejudice would
be caused to her, if the interim relief is continued in favour of the
petitioner.
4. Learned Advocate for respondent Nos.5 and 6 has pointed out
that the petitioner has already approached the Commissioner, Tribal
Development, by filing an appeal against the transfer order on
06.04.2026. He submits that the same relief is sought in the said
appeal also.
5. Learned Advocate for the petitioner submits that there are total
six sanctioned posts at Raisingpur, out of which two are vacant.
Therefore, the applicant would not suffer any prejudice on account of
the interim relief granted in favour of the petitioner.
6. In view of the fact that the applicant has already joined on the
transferred post on 16.06.2025 and her salary is being drawn from the
Raisingpur school, and as the petitioner has already approached the
Commissioner, we pass the following order.
ORDER
I. The writ petition is disposed of by granting liberty to the
petitioner to prosecute the appeal/representation filed
before the Commissioner. The Commissioner, shall
expeditiously decide the appeal filed by the petitioner.
4 23.CA.10299.26.odt
II. Ad-interim relief stands vacated.
III. In the light of the above order civil application stands
disposed of.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.)
habeeb/
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