Janardhan Bajirao Darade v. The State Of Maharashtra And Others

2026:BHC-AUG:21455-DB 1 950-WP-9101-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9101 OF 2025 WITH CIVIL APPLICATION NO. 11031 OF 2025 IN WP/9101/2025 JANARDHAN BAJIRAO DARADE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Sambhaji G. Munde, Advocate for the Petitioner Mrs. R. P. Gaur, AGP for Respondent/State Ms. Vaishali Arun Shinde (More), Advocate for Respondent Nos.3 & 4 ...

CORAM : NITIN B. SURYAWANSHI AND VAISHALI PATIL JADHAV, JJ.

DATE : 06th MAY, 2026 PER COURT :

1.

By this petition, the petitioner seeks directions to respondent Nos.3 and 4 to permit him to submit online application in Cadre-2 under couple convenience scheme for transfer. 2.

Petitioner filled online option form for transfer on the ground of couple convenience. In the said process, in the service details column he has inadvertently mentioned 'suspended', though he was not suspended at that point of time. In view of that entry, the petitioner's case was not considered for transfer on the ground of couple convenience. Being aggrieved by the same, the present petition is filed.

3.

By filing civil application, the petitioner has placed on

2 950-WP-9101-25.odt record copy of his reinstatement order dated 22/12/2022. He has also relied upon the order dated 14/12/2018, passed by the Coordinate Bench of this Court in Writ Petition No.5156/2018 and connected matters, wherein following directions are given:- "1.

Accordingly if any vacancies are available and the applicant is willing to join at those places, the decision will have to be taken by the employer first.

2.

We, therefore, direct the applicant to make representation pointing out vacancies at relevant places within a period of one week from today, if such representation is already not made. We direct the respondent - Chief Executive Officer to take a decision on such representation within a period of three weeks from the date of communication of this order to it."

4.

Upon hearing learned advocate for petitioner, learned AGP for respondents - State and learned advocate for respondent Nos.3 & 4, following order is passed:-

ORDER

(I) The writ petition is disposed of by directing petitioner to make representation to respondent Nos.3 and 4 within a period of one week from today.

(II) On receipt of such representation, respondent No.3 shall consider the case of petitioner for transfer on the ground of couple

3 950-WP-9101-25.odt convenience within a period of two weeks thereafter, on it's own merits, without being influenced by the earlier rejection of petitioner's application for transfer due to incorrect entry made by him in the online application.

(III) Accordingly, the civil application also stands disposed of. (VAISHALI PATIL JADHAV, J.) (NITIN B. SURYAWANSHI, J.)