-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.1889 OF 2002 Shri Bhagwandas S. Kasat : Petitioner (Orig.Appellant) V/s. The President Shiv Nikentan Trust, Thane & Ors. : Respondents ... Ms Kumud A. Bhatia for the petitioner. Mr.A.P.Vanarse, Asstt. Govt. Pleader for resp.nos.4 to 6. None present for respondent nos.1 to 3. ... CORAM : S.A. BOBDE, J. DATE : FEBRUARY 6, 2009. P.C. 1. The petitioner has challenged the order of the School Tribunal dismissing his appeal against termination of his services. 2. The petitioner was appointed by an order dated 14.6.1999 apparently on probation for a period of two years. His services were terminated by notice dated 31.3.2000 with effect from 30.4.2000. He filed an appeal before the School Tribunal on 12.5.2000. However, the appeal has been dismissed as having been filed beyond the -: 2 :- period of limitation. A perusal of the discussion on this point shows that the learned Tribunal reckoned the period of limitation from 31.3.2000 i.e. the date on which the notice was issued. The Tribunal, therefore, came to the conclusion that the period of 30 days had expired on 30.4.2000. In doing so, the Tribunal has committed a serious error of law apparent on the record since it cannot be said that the petitioner’s termination came into effect on any day earlier than 30.4.2000. Apparently, the petitioner has worked till that date also. Taking 30.4.2000 as the date, it is obvious that the appeal is within the period of limitation, having been filed on 12.5.2000. 3. Further, it appears that even though the Tribunal came to the conclusion that the appeal is beyond limitation, it proceeded to decide the matter on merits which was not called for. 4. In the circumstances, the impugned order is set aside. The matter is remanded back to the Tribunal for a fresh decision, in accordance with law. The Tribunal shall decide the appeal, as expeditiously as possible. 5. Rule is made absolute. No order as to costs. -: 3 :- S.A. BOBDE, J.