McDaniel

This is an appeal from a judgment denying appellant’s petition for a writ of mandate, dissolving the alternative writ, and adjudging appellant indebted to the retirement fund of the City and County of San Francisco in the amount of $4,708.92.

The facts are not in dispute. Appellant is a cable ear grip-man on the San Francisco Municipal Railway, a civil service position. For a long time prior to the events in this case, his former wife Zereldia McDaniel had ■ regularly attached his earnings pursuant to a judgment for child support. These attachments were made under the procedure described in Code oí Civil Procedure, section 710.

On April 23, 1964, appellant had been employed by the Municipal Railway for 16% years and had accumulated $8,238.86 in the city retirement fund. Beginning with that date, the following events occurred:

The respondent city did not pay the back wages ordered by the Civil Service Commission. It asserts that appellant is deficient in his retirement fund contributions because of the money withdrawn by appellant and seized by his creditor, and that this amount should be set off against the amount of back wages found due under the Commission’s order.

On the…