Santillano

Linda Santillano was discharged from employment as a psychiatric technician at Napa State Hospital, ostensibly by “rejection during probationary period” (Gov. Code, § 19173). Respondent State Personnel Board (the Board) affirmed the dismissal; Santillano’s petition for a writ of mandate (Code Civ. Proc., § 1094.5) was denied by the trial court. Santillano appeals to this court, contending that she had attained permanent status before she was discharged and therefore that the hospital’s purported “notice of rejection during probationary period” was invalid and she is entitled to reinstatement. We agree; therefore we reverse the judgment of the trial court with instructions to issue the writ.

Santillano was appointed as a psychiatric technician as of August 15, 1977, subject to a six-month probationary period which, but for subsequent events, would have ended on February 14, 1978. A tragedy in her family caused Santillano to be off work between October 16 and November 28. On or about December 19 Santillano received a “notice of personnel action/report of miscellaneous change” which recited that “You have a break in service. The 11/77 pay period is not qualifying for state…