1 23.CA.10299.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9267 OF 2026 VAISHALI D/O ARVIND UGALMUGALE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Advocate for petitioner : Mr. V.A. Dhakne AGP for Respondents/State : Mr. V.M. Kagne Advocate for Respondent No.6 : Mr. M.S. Kulkanri … WITH CIVIL APPLICATION NO. 10299 OF 2026 IN WP/9267/2026 SUSHILA RATILAL WADILE VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Advocate for Applicant : Mr. Girish Rane AGP for Respondents/State : Mr. V.M. Kagne Advocate for Respondent No. 6 in WP : Mr. M.S. Kulkanri Advocate for respondent No.9 : Mr. V.A. Dhakne … CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 11.09.2026 PER COURT: 1. By this petition, the petitioner has challenged the transfer order dated 15.06.2025, issued by respondent No.6, thereby transferring the 2026:BHC-AUG:42695-DB 2 23.CA.10299.26.odt petitioner from Aided Primary Ashram School, Raisingpur, Tq. Akkalkuwa and Dist. Nandurbar, to Primary Ashram School, Makadkund, Tq. Akrani, Dist. Nandurbar. 2. On 12.08.2026 at the time of admission hearing this Court issued notices and granted ad-interim relief in terms of prayer clauses ‘C’ and ‘D’, thereby, granting stay to the transfer order and further directing the respondents to continue the services of the petitioner at Raisingpur. 3. Ms. Sushila Ratilal Wadile, has filed the Civil Application for vacating interim relief, contending that she was transferred by order dated 15.06.2025 from the post of Cook of Ashram School Makadkund to Ashram School Raisingpur and on the same day, the petitioner was transferred on administrative grounds from Ashram School, Raisingpur, to Ashram School, Makadkund. The applicant accordingly joined at Primary Ashram School, Raisingpur, on 16-06-2025. The salary of the applicant was directed to be released from the transferred place, i.e., Raisingpur, and the same is accordingly released pursuant to the communication dated 05-08-2025. The applicant has further contended that she has a mentally retarded daughter, aged about 25 years, who is bedridden and regularly requires personal attendance of her mother, i.e., the applicant. She is suffering from 80% mental retardation, therefore, she cannot be left alone. It is contended that, 3 23.CA.10299.26.odt because of grant of interim relief in favour of the petitioner, applicant’s interest is likely to be affected adversely and serious prejudice would be caused to her, if the interim relief is continued in favour of the petitioner. 4. Learned Advocate for respondent Nos.5 and 6 has pointed out that the petitioner has already approached the Commissioner, Tribal Development, by filing an appeal against the transfer order on 06.04.2026. He submits that the same relief is sought in the said appeal also. 5. Learned Advocate for the petitioner submits that there are total six sanctioned posts at Raisingpur, out of which two are vacant. Therefore, the applicant would not suffer any prejudice on account of the interim relief granted in favour of the petitioner. 6. In view of the fact that the applicant has already joined on the transferred post on 16.06.2025 and her salary is being drawn from the Raisingpur school, and as the petitioner has already approached the Commissioner, we pass the following order. O R D E R I. The writ petition is disposed of by granting liberty to the petitioner to prosecute the appeal/representation filed before the Commissioner. The Commissioner, shall expeditiously decide the appeal filed by the petitioner. 4 23.CA.10299.26.odt II. Ad-interim relief stands vacated. III. In the light of the above order civil application stands disposed of. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) habeeb/