1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No.1199/2010 ( State of Maharashtra, through its Principal Secretary & others ..V/s.. Sau. Seema W/o Chindu Sathkar & others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. J.B. Jaiswal, AGP for petitioners. Mr. K.R. Patil, counsel for the respondent no1. CORAM : D.D. SINHA & F.M. REIS JJ. DATE : 29 th MARCH , 2010 . Heard the learned counsel for the petitioner and the learned counsel for the respondent no.1. Writ petition is directed against the order dated 2/9/2009 passed by the Tribunal whereby the application filed by the respondent against the order of termination issued by the petitioner came to be allowed. Considered the contentions canvassed by the respective counsels. The following facts are not in dispute - that the order of termination of the respondent was issued by the department on the ground that the petitioner was junior most and there was no post available. It is not in dispute that this ground mentioned in the order of termination was factually incorrect. The Tribunal has found that there was vacancies available at the relevant time and therefore, the reasons mentioned in the order of termination were unfounded and unjustified ; consequently, the order of termination came to be set aside. In the circumstances, the petition suffers from lack of merit and hence the same is dismissed. JUDGE JUDGE Tambaskar.