LAWS(BOM)-2010-4-68

STATE OF MAHARASHTRA Vs. KAVITA PRAVIN TILWANI

Decided On April 13, 2010
STATE OF MAHARASHTRA Appellant
V/S
KAVITA PRAVIN TILWANI Respondents

JUDGEMENT

(1.) At the request of the learned counsel appearing for the petitioners, respondent No.2 in both these petitions is deleted from the array of parties as she is not a necessary party for deciding these petitions. Rule. Respondents in both petitions waive service of Rule.

(2.) With the consent of the parties appearing in the matters, both these petitions are taken up for hearing forthwith.

(3.) By way of these petitions, the petitioners i.e. State of Maharashtra and others have challenged the order dated 19th January,2010, passed by the Maharashtra Administrative Tribunal, Mumbai Bench, in Original Application Nos. 1265 and 1266 of 2009. By the impugned order, the Tribunal allowed the applications filed by respondent in each petitions by holding that the resignations tendered by the applicants were under duress and by way of frustration and as such resignations could not have been accepted.