Smita Asaram Waghmare v. The State Of Maharashtra Through Its Secretary And Others

985.WP.11095.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11095 OF 2025 Smita Asaram Waghmare

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

***  Mr. Munde Sambhaji G., for Petitioner.

 Mr. V. M. Kagne, AGP for Respondent Nos.1 and 2. *** CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 11th SEPTEMBER 2025.

P. C. :

1.

Heard learned counsel for the petitioner.

2.

The petitioner has challenged transfer order dated 21st August 2025 on the ground that it violates certain clauses of Government Resolution dated 18th June 2024.

3.

It is contended that as per clause 5.6 of the said Government Resolution, transfers are to be undertaken ordinarily between 01st May and 31st May, while the impugned transfer order is issued in midterm on 21st August 2025. It is submitted that no special reasons are recorded for issuing such midterm transfer order. 4.

It is further submitted that the petitioner is entitled for Shrikant Malani

985.WP.11095.2025.doc benefit of couple convenience in terms of the said Government Resolution, but the same benefit is denied. It is also brought to the notice of this Court in similar petitions, this Court had issued notice and in some of the petitions where the petitioners were yet to be relieved, order of status quo has been granted. It is asserted that in the present case also, the petitioner is yet to be relieved from her present posting.

5.

In view of the above, issue notice, returnable on 03rd October 2025.

5.

Mr. Kagne, learned AGP waives notice on behalf of respondent Nos.1 and 2.

6.

Reply affidavits be filed before the next date of listing. 7.

In the meanwhile and till date of the listing status quo as on today shall be maintained.

(Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) Shrikant Malani