Ferdig

Ferdig v. State Personnel Board

Good Law
1969 Cal. LEXIS 237·71 Cal. 2d 96·77 Cal. Rptr. 224·453 P.2d 728
Supreme Court of CaliforniaMay 8, 1969Sac. No. 7823California4,858 words

Opinion

lead Opinion

Sullivan, J.

This is an appeal from a judgment denying a writ of mandate to compel respondent State Personnel Board (Board) 1 to set aside and annul its order revoking the appointment of appellant Wayne L. Ferdig to a state civil service position, and to reinstate appellant in said position.

The facts are not in dispute and, as disclosed by the trial court’s findings and the documents in the record, are as follows: On May 14, 1962, appellant was appointed to the class of Kefrigeration Engineman with no veterans’ preference requested or applied to his score. On March 12, 1963, he was transferred to the class of Office Building Engineer.

On July 20, 1963, appellant took an examination for class of Chief Engineer II in the Department of General Services and the employment list established on October 1, 1963, ranked him as number 16. On October 17, 1963, he applied to the Department of Veterans Affairs (Department) for a veterans’ preference, presenting a certificate of discharge. This document was issued by the United States Naval Service and certified in substance that appellant, described therein as “Apprentice Seaman, Class M-l” had been honorably discharged from said service. It indicates…

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