The State of Maharashtra through Additional Chief Secretary Co. Op Meketing and Textile Depatment vs Nilima Vijaykant Gaikwad — Bombay HC (2026) — LawSathi Research

The State of Maharashtra through Additional Chief Secretary Co. Op Meketing and Textile Depatment vs Nilima Vijaykant Gaikwad — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ Petition disposed of with all contentions kept open; ad-interim relief granted earlier to continue till the next date; Tribunal to decide O.A. No. 423 of 2025 finally within eight weeks from 02.02.2026.

Issue for consideration

How the civil writ petition challenging the Tribunal's interim order dated 25.04.2025 staying the Respondent's transfer ought to be disposed of. +1 more

Court's answer

In the Court's opinion, the ends of justice will be met if the Tribunal decides the original application bearing no. 423 of 2025 finally, on its own merits and in accordance with law, within a period of eight weeks from 02.02.2026.

Ratio / Principle

The Petitioner as well as Respondent No. 2 are directed to appear before the Tribunal on 02.02.2026 with a copy of the application.

Key takeaways

The observations made by the Tribunal in the impugned interim order are prima facie in nature and in aid of the interim order; the Tribunal is to consider the original application on its own merits and in accordance with law without being influenced by those observations.ratio¶29
With all contentions of the parties kept open, the Writ Petition is disposed of.ratio¶30
The ad-interim relief granted earlier is to continue till the next date.ratio

Detailed headnote1 paragraphs

Bombay High Court (M. S. Karnik and S. M. Modak, JJ.) disposed of a civil writ petition (No. 17532 of 2025) filed by the State of Maharashtra challenging the Tribunal's interim order dated 25.04.2025 which had stayed the order of transfer of respondent Nilima Vijaykant Gaikwad. The Court, observing that the respondent had continued in her post since the interim order, directed the Tribunal to decide the original application bearing no. 423 of 2025 finally, on its own merits and in accordance with law, within eight weeks from 02.02.2026, and directed the Petitioner and Respondent No. 2 to appear before the Tribunal on 02.02.2026 with a copy of the application. The Court clarified that the observations in the impugned interim order were prima facie and in aid of interim relief, and that the Tribunal should not be influenced by them at the final hearing, responding to the Additional Government Pleader's submission to that effect. All contentions were kept open, and the ad-interim relief granted earlier was ordered to continue till the next date.

WP 17532 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

CIVIL WRIT PETITION NO. 17532 OF 2025

The State of Maharashtra Through Additional Chief Secretary Co. Op. Marketing and Textile Department

...Petitioner

Vs.

Nilima Vijaykant Gaikwad ...Respondent

Shri N. C. Walimbe, Addl. GP Smt. Ashwini A. Purav - AGP for the Petitioner-State

Mr. Sanjay Kshirsagar – Advocate for the Respondent

CORAM : M. S. KARNIK AND S. M. MODAK, JJ.

DATE : 28^th JANUARY 2026

P. C. :-

What is under challenge in this petition is the interim order

passed by the Tribunal on 25.04.2025, staying order of transfer of the Respondent. We have heard learned AGP.

We have perused the impugned order. Since the order dated

25.04.2025 was passed by the Tribunal, Respondent continues to

work on the post from where she is sought to be transferred by the

Digitally signed SEEMA by SEEMAKSHITIJ YELKAR KSHITIJ Date: YELKAR 2026.01.3111:19:01 +0530

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Seema

WP 17532 of 2025.doc

order impugned before the tribunal.

At this distance of time, in our opinion, the ends of justice will be met, if the tribunal is requested to decide the original application bearing no. 423 of 2025, finally on its own merits and in accordance with law within a period eight weeks from 02.02.2026.

The Petitioner as well as the Respondent No. 2 to appear before

the Tribunal on 02.02.2026 alongwith a copy of this application.

Learned AGP submitted that observation made in the interim

order should not influence the Tribunal when the matter is heard finally. Needless to mention that the observations made by the tribunal in the impugned order are in aid of interim order passed by the Tribunal which is prima-facie in nature. The Tribunal to consider the original application on its own merits and in accordance with law without being influenced by the observations in the impugned order.

By keeping all the contentions open, the Writ Petition is disposed of.

Ad-interim relief granted earlier to continue till the next date.

(S. M. MODAK, J.) (M. S. KARNIK, J.)

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Seema