Usha Laxman Pawar Jadhav And Another v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:18037-DB 1 909.WP.8216.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8216 OF 2025 USHA LAXMAN PAWAR JADHAV AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Sambhaji G. Munde AGP for Respondents: Mr. V.M. Kagne Advocate for Respondents Nos.3 to 5 : Mr. S.R. Dheple ...

CORAM

: MANISH PITALE & Y. G. KHOBRAGADE, JJ.

DATE : 11.07.2025 PER COURT:

1.

Heard learned counsel for the Petitioners and the learned AGP for Respondents Nos.1 and 2 and Mr. Dheple learned counsel for respondents Nos.3 to 5.

2.

The grievance of the Petitioners is that, their appeals have been rejected concerning their prayer for reconsideration of their transfer option forms as per the transfer policy under Government Resolution dated 18.06.2024. By the said Government Resolution the method of online acceptance of forms for transfer has been specified.

2 909.WP.8216.25.odt 3.

The case of the petitioners is that they are covered under a particular category classified as special category for either some kind of health ailment or disability of child etc. It is the case of the petitioners that while filling the forms they mistakenly clicked on a category which does not apply to them, although both the petitioners are covered under some other class under the special category of employees. We called upon the respondents to indicate us as to why their case for filling option forms afresh or change of category cannot be entertained. 4.

It is brought to the notice of this Court that the entire procedure is governed by online method, which is on the basis of a software developed for the said purpose, wherein, there is no option for a form being filled afresh or any change of category being permitted. This applies uniformly and across the board for all the employees and in that backdrop, the appeals have been rejected.

5.

We find that making a special case for the petitioners would create a category not existing for the employees and, therefore, it may lead to either flood gates being opened for seeking change of category or prayers being made for such forms being filled afresh. 6.

It is to be noted that, the petitioners herein and other similarly situated persons are all teachers and they are expected to fill the forms correctly. The process having been triggered on the basis of options filled in the online forms by all the employees, including the petitioners, making an exception for the petitioners would disturb the

3 909.WP.8216.25.odt entire process, which is not justifiable.

7.

In view of the above, the Petition is dismissed. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) habeeb/