Glasner

Petitioner is an orthodox rabbi who had been employed by the defendant Department of Public Health in the position of kosher food law representative. Pursuant to the department’s proposal that the position be eliminated, the *728 Governor, in his proposed budget submitted to the Legislature for the fiscal year 1965-1966, recommended that said position, and funds for the salary for said position, be eliminated. The Legislature approved the budget, and the department “laid-off” petitioner (Gov. Code, § 19530.) Petitioner’s appeal to the defendant State Personnel Board was dismissed, and he filed a petition, in the superior court, for a writ of mandate compelling the department and the board to reinstate him in the position. The court, granted the petition. Defendants (department and board) appeal from the judgement.

Appellants contend that the department properly laid-off petitioner, and that the court erred in issuing a writ of mandate compelling the department and the board to reinstate petitioner.

In 1931, the Legislature enacted section 383b of the Penal Code which provides in part as follows: "Every person who with intent to defraud, sells or exposes for sale any meat . . .…