The opinion
EDMONDS, J.,
Dissenting — I agree that the petitioner’s period of probationary service terminated on February 12, 1939, but, as I read the record, legally effective action was taken before that date to dismiss him from the civil service.
The letter of rejection is dated February 9, 1939, and was served on him the following day. At that time there had accumulated to the petitioner’s credit a vacation of 15 working days. (Sec. 150, Civil Service Act.) In dismissing him, the adjutant general recognized his right to these days under the terms of the statute and a rule of the State Personnel Board, based upon it, which provides: “When an employee is separated from the service and has not been granted his vacation, he shall be entitled to unused portions of vacation accumulated from the previous year and to vacation on the basis of one and one-quarter days for each month or portion *353 of a month of service from the first of the calendar year until the date of his separation, but not to exceed thirty working days.” (Sec. 4, rule 13.)
The petitioner relies entirely upon the fact that the letter of dismissal fixes March 4th as the effective date of the termination of his services. But the letter, read in its entirety, clearly evidences the adjutant general’s present intention on February 9th, within the probationary period, to discharge the petitioner. He stated that during the probationary period the petitioner “failed to carry the responsibilities and duties prescribed for this position” and that he found it necessary to take action “for the good of the service. ’ ’ However, as the petitioner was then entitled to some vacation days, the termination date, so far as the petitioner’s right to salary is concerned, was placed at the expiration of that vacation allowance. Under these circumstances, in my opinion, the adjutant general rejected the petitioner as an employee within the probationary period by notice, which included the reasons therefor, served and filed within that time.
The statute provides that a probationer may be rejected during the probationary period. It does not require that, in the event of a rejection, all relations between the probationer and the State are at that moment ended. There are certain incidents to his employment which may carry over. For example, there is no requirement that the employee be paid his accrued salary to the date of the rejection as a condition precedent to the rejection becoming effective. Failure to hand him his salary warrant with the notice of rejection would not invalidate the rejection. Similarly, accumulated vacation time is one of those incidents, which like unpaid salary, carries over, and the fact that a probationer may have accumulated vacation time to his credit at the end of the probationary period should not be held to affect the rejection if made during the statutory period and in accordance with the requirements laid down.
For these reasons, I believe the judgment should be affirmed.
Gibson, C. J., and Traynor, J., concurred.
Respondents’ petition for a rehearing was denied March 2, 1942. Gibson, C. J., Edmonds, J., and Traynor, J., voted for a rehearing.