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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.)




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