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ARMISTEAD v. STATE PERSONNEL BOARD

Docket No. S.F. 23688.

22 Cal.3d 198 (1978)

583 P.2d 744

149 Cal. Rptr. 1

JAMES H. ARMISTEAD, Plaintiff and Appellant, v. STATE PERSONNEL BOARD et al., Defendants and Respondents.

Supreme Court of California.

September 22, 1978.

Attorney(s) appearing for the Case

COUNSEL

Turner & Sullivan and Robert J. Sullivan for Plaintiff and Appellant.

Evelle J. Younger, Attorney General, Steven A. Merksamer, Talmadge R. Jones and Robert L. Mukai, Deputy Attorneys General, for Defendants and Respondents.

OPINION

NEWMAN, J.

When a state employee submits a written resignation and then six days later withdraws it, may his employer "accept" the resignation? The State Personnel Board and the Department of Water Resources, respondents here, answer Yes. They rely on section 525.11 of the board's Personnel Transactions Manual (PTM), which reads: "An employee who resigns effective at some future date may withdraw his resignation before the...

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