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; respondent No. 3 to consider his couple-convenience transfer case within two weeks thereafter, on its own merits and uninfluenced by the earlier rejection caused by the incorrect online-form entry; civil application also disposed of.

Issue for consideration

Whether respondent Nos. 3 and 4 should 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 case of the petitioner for transfer on the ground of couple convenience within a period of two weeks thereafter, on its own merits.

Key takeaways

Such consideration is to be made without being influenced by the earlier rejection of the petitioner's application for transfer due to the incorrect entry made by him in the online application.ratio¶26
Accordingly, the civil application also stands disposed of.ratio¶27

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), 06.05.2026 – Writ Petition No. 9101 of 2025 (with Civil Application No. 11031 of 2025), Janardhan Bajirao Darade v. The State of Maharashtra and others (Nitin B. Suryawanshi and Vaishali Patil Jadhav, JJ., per court): The petitioner's transfer application under the couple convenience scheme went unconsidered because he had inadvertently entered 'suspended' in the service details column of his online option form, though he was not suspended (his reinstatement order dated 22/12/2022 being placed on record by civil application). Seeking directions to respondent Nos. 3 and 4 to permit a fresh online application in Cadre-2, and relying on the Coordinate Bench's order dated 14/12/2018 in Writ Petition No. 5156/2018 (representation-and-decision directions), the Court disposed of the petition by directing the petitioner to make a representation to respondent Nos. 3 and 4 within one week, and directing respondent No. 3 to consider his couple-convenience transfer case within two weeks thereafter, on its own merits, without being influenced by the earlier rejection arising from the incorrect entry; the civil application was also disposed of.

2026:BHC-AUG:21455-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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