-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.1758 OF 2009 The Chairman, Netaji Subhashchandra Bose Shikshan Prasarak Mandal & Anr. : Petitioners V/s. Vilasrao Kashinath Deshmukh & Ors. : Respondents ... Mr.N.R.Bubna for the petitioners. Mr.S. Sakhare for respondent no.1. ... CORAM : S.A. BOBDE, J. DATE : MARCH 04, 2009. P.C. Rule, returnable forthwith. Mr.Sakhare for the respondent no.1 waives service. Heard by consent. 2. The petitioners have challenged the order of the School Tribunal by which the School Tribunal has held that the respondent no.1 had not tendered his resignation, but his services had been otherwise terminated by the petitioners. Mr.Bubna, the learned counsel for the petitioners, submitted that the observation of the School Tribunal that the resignation tendered by the respondent no.1 on 1.10.2007 was not acted upon and the petitioners -: 2 :- continued to serve till 30.4.2008 and, therefore, the respondent no.1 cannot be said to have resigned, is not correct. According to Mr.Bubna, the respondent no.1 has himself filed a letter dated 18.1.2008 which clearly shows a compromise between the parties whereunder it was agreed that the voluntary retirement of the respondent no.1 will be implemented after approval of pension papers and, therefore, till then the voluntary retirement or resignation is stayed. 3. Indeed, the aforesaid document which is filed along with the petition and is not disputed is a relevant document which has an important bearing on the case i.e. whether the respondent no.1’s services were terminated as a result of his resignation from 1.5.2007. Mr.Sakhare, the learned counsel for the respondent no.1, fairly submitted that the effect of the letter dated 18.1.2008 has not been considered by the Tribunal. 4. In this view of the matter, the order suffers from a serious error of law apparent on the face of the record and is set aside. The matter is remanded back to the Tribunal for a fresh decision, in accordance with law. The Tribunal shall decide the matter within six months from the date the parties appear before the Tribunal. The parties are directed to appear before the Tribunal on -: 3 :- 30.3.2009. 5. Rule is made absolute in the aforesaid terms. S.A. BOBDE, J.