1-WP-14128-2023 (C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14128 OF 2023 Ashish Prakash Kapile VERSUS The State Of Maharashtra Thr Asst. Govt. Pleader And Ors Ms. Twinkal P. Kotawadekar i/b Mr. Prasad Rokade, advocate for the Petitioner Ms. Tejas Kapre, AGP for Respondent No. 1-State Dr. Santosh A. Shah a/w Mr. Poras Shah, Ms. Darshana Kalamkar, Ms. Shivani Nerlekar for Respondent Nos. 2 to 8 CORAM : MILIND N. JADHAV, & NANDESH S. DESHPANDE, JJ. DATE : 22nd JUNE, 2026 P. C. : 1. Heard Ms. Kotawadekar, learned advocate for the Petitioner. She has tendered brief synopsis. The petition is for enforcement of the order of the Industrial Court dated 31st May 2023. The petitioner seeks transfer from Pophali to Nashik or Bhusawal. However, the Respondents have contended that there is no post available for the desired category in which the Petitioner is working at Bhusawal while at Nashik, the Petitioner’s post itself is not available. 1 of 2 IRESH MASHAL Digitally signed by IRESH MASHAL Date: 2026.06.22 19:03:04 +0530 1-WP-14128-2023 (C).doc 2. To counter the same, the submissions of learned advocate for the petitioner is that, by the next year, a position/post is going to get vacant on superannuation of the subsisting incumbent at Bhusawal. 3. If that is the case, as and when that post gets vacant and vacancy subsists, Respondents are directed by this Court to consider the case of the Petitioner, strictly in accordance with law. 4. All contentions of the Petitioner are otherwise kept open for the purpose of transfer, without expressing any opinion on merits. 5. Writ Petition stands disposed of in above terms. [NANDESH S. DESHPANDE, J.] [MILIND N. JADHAV, J.] Iresh 2 of 2