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This is an appeal from an order dismissing for want of jurisdiction a petition for a writ of mandamus.

The petition alleges that on and prior to September 11, 1934, appellant was employed as a clerk in the district office of the United States civil service commission at San Francisco, Cal., of which office appellee is the district manager; that appellant was also a member of the Officers’ Reserve Corps, United States Army; that on September 5, 1934, he was ordered to active military duty for the period from September 13, 1934, to December 18, 1934; that, upon issuance of said order, appellant applied to appellee and, through him, to the civil service commission for leave of absence, without pay, for the purpose of complying with said military order; that appellee and the commission denied said application ; that appellee thereafter demanded appellant’s resignation; arid that on September 11, 1934, appellant was “compelled” to submit, and did submit, his resignation, under protest. What the compulsion consisted of is not stated.

The petition further alleges that, after resigning his position in the district office of the civil service commission, appellant complied with said…