Netwig

Petitioner appeals from the judgment denying his petition for writ of mandate to compel the Huntington Beach Union High School District, the district’s board of trustees,, and the trustees individually (hereinafter collectively referred to as “School District”) to assign him to the position of counselor.

Petitioner was first employed by School District as a teacher in 1960. In 1963, having served the district as a teacher for three years and having been elected for a fourth year, petitioner became a permanent employee of the district. (See Ed. Code, § 13304.) In common parlance, petitioner obtained tenure. He continued as a teacher until 1968 when he was reassigned to the position of counselor. Petitioner served as counselor until April of 1971 when School District served him with a notice of intention to dismiss and filed a complaint in superior court seeking his dismissal. Petitioner’s employment with the district was suspended pending the outcome of the dismissal proceedings. After a trial the court ruled in favor of School District but on appeal to this court the judgment was reversed in a nonpublished opinion. (4 Civ. 12163, Jan. 15, 1973.) Thereafter School…