Rodgers

This is an appeal by the defendants from a judgment granting an application for a peremptory writ of mandate, compelling the defendant Board of Public Works of the City and County of San Francisco to transmit to Civil Service Commission of said City and County a warrant in the sum of $289.75, representing lost wages, and for said Commission to approve the same for payment, and compelling the Civil Service Commission to reinstate petitioner’s name on the official records of civil service as occupying the permanent position of granite cutter, and by virtue of his reinstatement, the Board of Public Works is directed to admit plaintiff to the performance of the duties of said position and to pay him the compensation therefor.

The facts found by the trial court with reference to the controversy are, in substance, as follows:

The register of eligibles upon which plaintiff’s name appeared, by virtue of a provision limiting the existence of said list for a period of four years from the date of adoption of said list by the Civil Service Commission, automatically expired on the fourteenth day of March, 1927. On the fourteenth day of November, 1927, a new register of eligibles for the…