Martin

*560 Opinion

Sheryl A. Martin (Martin) filed a petition for writ of mandate against State Personnel Board of the State of California 1 (Board) seeking a peremptory writ of mandate directing Board to set aside its decision in case No. 5691 and to adopt the decision of its hearing officer allowing Martin to recover wages as an employment and claims assistant for the Department of Human Resources (HUD) for the period May 12, 1970 through September 15, 1970. Board filed a return to the petition alleging inter alia that the Board had dismissed the appeal of Martin in case No. 5691 because the appeal had been filed in violation of its rule 64 (which specified the time within which appeals could be filed). After hearing, the court made findings “that Petitioner acted as a result of inadvertence in failing to file within the 30 days” concluded as a matter of law that Board suffered no prejudice that as a consequence the appeal was timely filed and that Board should vacate the dismissal of appeal in case No. 5691 and hear said appeal. Judgment was entered granting peremptory writ of mandate in accordance with the findings and conclusions of law. Board appeals from the…