McCarthy

Petitioner sued in the superior court for a writ of mandate requiring the defendants to award him three additional credits in a promotional examination for the position of lieutenant in the fire department, because of Ms status as a veteran. Judgment went for petitioner on the pleadings and the defendants have appealed on a typewritten record.

The petitioner was employed in the municipal service of the city and county of San Francisco from September, 1917, until March, 1921, except for a period of one year when he was in the service of the United States army. In August, 1926, he returned to the service of the city and county as a hoseman in the fire department and, in February, 1927, participated in a promotional examination for the position of lieutenant in that department. As a result of this examination the petitioner received such an average as to cause him to be placed number sixty-six on the register of eligibles for promotion. His demand that he be awarded additional credits because of his status as a veteran is based upon that portion of section 22 of article XIII of the San Francisco Charter, which reads: “in the case of promotional examinations a credit of three points…