Geftakys

Status of the Case

Appellant Marguerite C. Geftakys (hereinafter appellant) appeals from a judgment denying her petition for peremptory writ of mandate which would command respondents, California State Personnel Board, California Department of General Services and California Office of Administrative Hearings (hereinafter respondents) to (1) rescind any claim to recoup asserted overpayments of salary to appellant, (2) refund the amount of such overpayments which respondents have recouped, and (3) to adjust appellant’s salary upward two pay steps retroactive to May 1976.

The Question on Appeal

The basic question on this appeal is whether, in May of 1974, appellant, a California state civil service employee, was entitled to receive all salary in creases which were received at that time by incumbents of the class of hearing officer I, at step three of the salary range for that class. If not, does the state have the right (1) to recoup alleged overpayments of salary paid by mistake to appellant, (2) to readjust appellant’s pay step level downward from that in which she had been placed by mistake, and (3) whether the procedure which the state has used to accomplish those…