On October 12, 19S3, Shirley McCoy hrought an action in mаndamus in the District Court of Rogers county to require the ■County Commissioners and Excise Boаrd members of Rogers county to transfer from the general funds of the county to the •sаlary fund a sufficient amount of money ■so thаt plaintiff might have the benefit of the salary increase provided by the legislature in 1953, 19 O.S.1951 §§ 179.1 through 179.12, as enacted by the Legislature in 1953.
It was stipulated that there was a sufficient amount of money on hand in the ■general fund fоr that purpose; that plaintiff had been appointed as first deputy to the Cоunty Superintendent of Schools of said сounty and was serving in that capacity; аnd that plaintiff at the time of the trial did not рossess an administrator’s certificatе as set forth in 70 O.S.1951 § 3-1, and was not qualified to obtаin such a certificate.
The trial cоurt found that plaintiff was •qualified as a second deputy to the County Superintendent оf Schools but was not ■qualified to hold the оffice of first deputy since she was not qualified to hold an administrator’s certificate. By its judgment the trial court ordered the dеfendants to transfer to the salary fund and pay to the plaintiff a sufficient amount оf money to compensate her under the 1953 salary bill as second deputy to the County Superintendent for the fiscal year beginning July 1, 1953, and ending on June 30, 1954, but refused to require а transfer of additional funds to ’ compensate the plaintiff as first deputy to the County ■ Superintendent. From this judgment the plaintiff aрpeals.
This appeal was filed in this court- on March 8, 1954, and plaintiff’s brief was filed in this сourt on October 4, 1954.
It will be seen that the fisсal year 1953-1954 ended on June 30, 1954, and prior to the filing of plaintiff’s brief on October 4, 1954. To issuе a-writ of mandamus in this case to transfer funds after the end of the fiscal year would сreate disorder and confusion. This cоurt has repeatedly held where the issuance of a writ would disturb official action, or create disorder or confusiоn, mandamus will not be awarded even wherе the legal right is clear. See Herndon v. Excise Board of Garfield County,
Appeal dismissed.