Sheehy

The State Personnel Board appeals from an order of the superior court ordering the issuance of a peremptory writ of mandate. The writ directs the board to set aside and reconsider its decision refusing to order reinstatement of Jeanne Sheehy, an employee in the State Treasurer’s office. Sheehy appeals from that portion of the order of the superior court denying her request for payment of back pay upon her reinstatement.

Jeanne Sheehy had been a civil service employee of the State of California since 1940. Since 1966, she had been an employee in the Treasurer’s office serving in a variety of secretarial positions. When former Treasurer, Ivy Baker Priest, assumed office, Sheehy was classified as a secretary II. Her duties in that capacity included supervising Priest’s immediate secretaries, scheduling Priest’s appointments, and traveling with the Treasurer on occasion. In 1967, Sheehy was appointed to the position of administrative assistant I; her duties in that capacity remained the same as they had been as a secretary II with the exception that her travel requirements increased.

In 1974, because of personal problems, Priest was seldom in her office and as a result,…

J.—I dissent. The majority consider the issue of timeliness dispositive. However, that issue was raised by neither party. At oral argument the Attorney General specifically stated that timeliness of Sheehy’s petition was not an issue on appeal. An issue not urged on appeal is deemed waived. (Case v. City of Los Angeles (1963) 218 Cal.App.2d 36, 42 [ 32 Cal.Rptr. 271 ]; 6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, § 425, pp. 4391-4393.)

While this court has inherent power, to consider all issues, even those not urged on appeal, such power is exercised with restraint and principally when the fair administration of justice so demands. (Brown v. Southern California Edison Co. (1932) 120 Cal.App. 102, 110 [ 7 P.2d 770 ].) No reason compels our departure from established procedure. The structure of state government will not fall if we permit this state employee, Sheehy, to continue in her state employment. In fact, justice would appear to be on her side. The majority, on a technicality not raised by the parties, conclude otherwise.

*914 1. Timeliness of Petition

We deal with legislative intent. I conclude that Government Code section 19502 was meant by the Legislature to be…