Wisuri

Appellant William Wisuri filed a petition for a writ of mandamus against respondent Newark School District to require the district to reinstate him to the position of custodian from which he had been dismissed by the board of trustees. Respondent demurred to the petition on two grounds, first that it stated no cause of action, and second that the relief requested was barred by appellant’s inexcusable and' unreasonable delay in the filing of the petition. The superior court sustained the demurrer on the grounds that the petition stated no cause of action and that “. . insufficient reason is shown for filing petition. ’ ’ The parties seem to agree that the last stated ground for sustaining the demurrer related to appellant’s failure to state excuse for his delay in filing of the petition. The court granted appellant 20 days to amend, but he did not amend, and judgment of dismissal followed.

On or about March 20, 1962 appellant' was served with a' written notice that on March 27th the board of trustees of respondent district would consider his prospective dismissal from district employment. The causes for dismissal stated in the notice were: (1) Failure and refusal to follow rules…