Whitaker

This is a proceeding in mandamus to compel the respondent Board of Water and Power Commissioners of the City of Los Angeles to restore petitioner to duty in the position of chief clerk in the Department of Water and Power and to compel respondents to pay the petitioner the salary allegedly due him from September 6, 1933, until he is restored to duty. The petitioner had been a civil service employee of the respondents for many years when on October 21, 1928, he was appointed and accepted the position of special commercial agent, a position not under civil service. In this position he continued until December 10, 1930, when he was again appointed to a position under the civil service, and he continued in that position until the position was abolished. The petitioner contends that he is entitled to credit on his seniority for the period during his separation and in any event for his years of service prior to the time he separated himself from the civil service. It is the contention of the respondents, however, that petitioner’s separation from the civil service by reason of his resignation in 1928 has deprived him of the seniority which he claims and it refuses to remove the…