Janardhan Bajirao Darade vs the State of Maharashtra and Others — Bombay HC (2026) — LawSathi Research

Janardhan Bajirao Darade vs the State of Maharashtra and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of: petitioner directed to make representation to respondent Nos.3 and 4 within one week; on receipt thereof, respondent No.3 to consider petitioner's transfer claim on the ground of couple convenience within two weeks thereafter, on its own merits, without being influenced by the earlier rejection arising from the incorrect 'suspended' entry in his online application; connected civil application also disposed of.

Issue for consideration

Whether respondent Nos.3 and 4 can be directed to permit the petitioner to submit an online application in Cadre-2 under the couple convenience scheme for transfer. +1 more

Court's answer

The writ petition is disposed of by directing the petitioner to make a representation to respondent Nos.3 and 4 within a period of one week from the date of the order.

Ratio / Principle

On receipt of such representation, respondent No.3 shall consider the petitioner's case for transfer on the ground of couple convenience within a period of two weeks thereafter, on its own merits, without being influenced by the earlier rejection of the petitioner's application caused by the incorrect entry made by him in the online application.

Key takeaways

The connected civil application also stands disposed of.ratio¶(III)

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), Per Court, 06.05.2026 — Transfer/couple convenience: An employee who inadvertently entered his status as 'suspended' in the online option form for transfer under the couple convenience scheme, although he was not suspended, found his transfer claim (Cadre-2) not considered, and petitioned for directions to respondent Nos.3 and 4. Having regard to his reinstatement order dt. 22.12.2022 placed on record and the Coordinate Bench order dt. 14.12.2018 in Writ Petition No.5156/2018 and connected matters, the Court disposed of the writ petition by directing the petitioner to make a representation within one week, and respondent No.3 to consider the couple-convenience transfer claim within two weeks thereafter strictly on its own merits, uninfluenced by the earlier rejection flowing from the incorrect entry; the connected civil application was likewise disposed of.

2026:BHC-AUG:21456-DB

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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 : 06^th MAY, 2026

PER COURT :

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.

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.

By filing civil application, the petitioner has placed on

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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.”

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

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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.)

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