Rodgers v. Board of Public Works

THE COURT.

This is an appeal by the defendants from a judgment granting an application for a peremptory writ of mandate, compelling the defendant Board of Public Works of the City and County of San Francisco to transmit to Civil Service Commission of said City and County a warrant in the sum of $289.75, representing lost wages, and for said Commission to approve the same for payment, and compelling the Civil Service Commission to reinstate petitioner’s name on the official records of civil service as occupying the permanent position of granite cutter, and by virtue of his reinstatement, the Board of Public Works is directed to admit plaintiff to the performance of the duties of said position and to pay him the compensation therefor.

The facts found by the trial court with reference to the controversy are, in substance, as follows:

Subsequent to March 14, 1923, defendant Civil Service Commission, while plaintiff was on the register of eligibles, and in response to a requisition, bearing date July 13, 1925,

[292]

from the defendant Board of Public Works, certified plaintiff to said Board of Public Works for appointment to the

permanent position

of granite cutter, and thereafter said Board of Public Works appointed plaintiff to a permanent position of granite cutter, from said register of eligibles, and thereafter plaintiff continued to fill and to perform the duties of said position from July 29, 1925, until May 15, 1926, during which period of time plaintiff was actually engaged in the pursuit of his position for 216.31-1/9 days. Subsequent to the fifteenth day of May, 1926, plaintiff was laid off by said Board of Public Works on account of lack of funds for the employment of persons in the position of granite cutter, but said position was never abolished, and on March 1, 1927, the defendant Civil Service Commission, in response to a requisition filed with it by the Board of Public Works, again certified plaintiff to said Board of Public Works and said Board re-employed plaintiff in said permanent position of granite cutter and plaintiff continued to perform the duties of this position from March 1, 1927, to September 30, 1927, during which time plaintiff was actually engaged in the pursuit of his position for 19.37 days. Subsequent to the last-mentioned date, plaintiff ceased to perform the duties of said position on account of lack of funds for the payment of services performed in said position and plaintiff was purported to have been returned to the list of eligibles, but such position was at no time abolished and is now and at all times mentioned in the complaint in this action was in existence.