Swepston

Plaintiff Sidney Swepston (Swepston) appeals from the trial court’s denial of a writ of mandate by which he sought to compel the State Personnel Board (Board) to set aside its decision denying him overtime compensation for a period of time during which he was wrongfully discharged from state service and to order payment for overtime compensation for the period in question. Swepston contends that he is entitled to be compensated for the overtime he would have worked during the period of his involuntary discharge. He further contends the trial court erred when it determined as a matter of law he is not entitled to an award of overtime as a lost benefit. We do not agree and shall affirm the judgment. In light of this conclusion we need not consider Swepston’s further contention that we find that the Board had the burden of proof with respect to the amount of overtime compensation owed him.

Facts and Procedural History

Swepston was a permanent civil service employee of the Department of Corrections. In September 1984 Swepston was served with a notice of adverse action which notified him that as of September 8, 1984, he was dismissed from his position as correctional officer…