Can a highway patrolman be awarded an additional salary that was allowed by the trial judge?

Appellants point out, correctly, that respondent has not given us any case law to sustain the award of the additional salary that was allowed by the trial judge, and we have not found any authority ourselves. Appellants have supplied cases, such as Martin v. Henderson, 40 Cal.2d 583, 255 P.2d 416, wherein it was held that in the absence of statutory provision therefor, a person holding a public office with a fixed salary, such as highway patrolman, cannot legally claim additional compensation for overtime. We believe, however, that legislative authority for payment to the sergeants of the same salary as that paid to inspectors is to be found in section 91b of the Oakland City Charter. This section allows the chief to assign an officer of the next lower rank to any temporary vacancy, and provides that the assigned officer shall receive the salary attached to the rank to which he may be assigned. Although the chief's assignments of the sergeants were not formally made, they may fairly be regarded as having been within the charter section.