Duff

John T. Duff formerly employed as a fireman appeals from a superior court order denying a writ of mandamus to compel the City of Gardena and the City Council of Gardena (hereafter referred to collectively as Gardena) to render a determination that he suffered from an employment-related mental or emotional condition at the time of his discharge which would qualify him for disability retirement benefits.

Facts

The record discloses that on July 10, 1971, Duff began a one-year probationary period as a fireman for Gardena. The City contracts with the Public Employee Retirement System of the State of California (hereafter referred to as PERS) with respect to retirement benefits for its employees. Under that system, a fireman is designated as a “local safety member.” (Gov. Code, § 21023.6.) Gardena, by the regulations established by the City’s municipal code, has a prescribed one-year probationary period for new employees with a provision for an extension of up to six months in the event the appointing authority has some reservation whether to recommend permanent status for an employee at the end of the first year.

At the end of Duff’s first year, he was described by his…