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2024 Supreme(SC) 147

J. K. MAHESHWARI, K. V. VISWANATHAN
Suman V. Jain – Appellant
Versus
Marwadi Sammelan through its Secretary – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Varinder Kumar Sharma, AOR Mr. Shantanu Sharma, Adv.
For the Respondent(s): Ms. Nina Gupta, Adv. Dr. Lalit Bhasin, Adv. Ms. Radhika Gupta, AOR Ms. Vaishnavi Gupta, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth Dharmadhikari, Adv. Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Ms. Preet S. Phanse, Adv. Mr. Adarsh Dubey, Adv.

JUDGMENT :

J.K. MAHESHWARI, J.

1. The instant appeal arises out of the judgment dated 04.07.2008, passed by the Division Bench of the ‘High Court of Judicature at Bombay’ in Appeal No. 63 of 2008, whereby the Division Bench dismissed the appeal preferred by the appellant and confirmed the order dated 08.08.2006 passed by learned Single Judge in Writ Petition No. 1611 of 2004. The said writ petition was filed by the appellant being aggrieved by an order dated 30.04.2004 passed by the ‘Mumbai University and College Tribunal, Mumbai’ (hereinafter referred to as “College Tribunal”) in ‘Civil Appeal No. 51 of 2003’. Before the College Tribunal, the appellant filed an appeal to quash the order dated 10.09.2003 passed by respondent No. 1 “Marwadi Sammelan Trust” (hereinafter referred to as “Trust”) rejecting her request for withdrawal of resignation vide letter dated 09.09.2003. As such, this appeal is arising out of the orders passed by the three fora before whom the challenge was made by the appellant to the rejection of withdrawal of her prospective resignation, prior to the effective date, and the rejection of her prayer for rejoining the duties.

FINDINGS OF THE COLLEGE TRIBUNAL

2. Assa

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