26 N.E.2d 586
Nos. 27581, 27913, 27945 and 27952Supreme Court of Ohio.
Decided March 27, 1940.
Civil service — Provisional appointee in classified service — Section 486-14, General Code — Now-competitive examination and certification to precede appointment.
IN MANDAMUS.
These four proceedings in mandamus were commenced in this court by relators for restoration to positions in the state Department of Liquor Control, each claiming as a provisional appointee in the classified civil service.
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In the first cause issue was joined by petition and answer, and in the last three causes by petition, answer and reply.
An agreed statement of facts, with exhibits, was filed in the first proceeding and depositions were taken in the remaining three, supported by exhibits.
Relator Rausch was appointed cashier in a liquor store before being approved by the Civil Service Commission and was later appointed store manager. This latter appointment was also made before approval by the commission, and it is not established that such approval was ever transmitted to the appointing officer.
The controlling facts with reference to the three other relators are similar. They were all appointed and assumed the duties of clerks in liquor stores on certain dates, an experience sheet for noncompetitive examination was executed by each relator and forwarded to the Civil Service Commission, at later dates approval was given by that commission and the appointing officers were thereafter notified of the approval by the Civil Service Commission. Subsequently the relators were advised that their services would be terminated, without specifying any grounds.
Mr. Joseph F. Hogan, for relator in cause No. 27581.
Mr. Jerome Goldman, for relators in causes Nos. 27913, 27945 and 27952.
Mr. Thomas J. Herbert, attorney general, Mr. E.G. Schuessler, Mr. John P. Walsh and Mr. Howard Bernstein, for respondent in cause No. 27581.
Mr. Thomas J. Herbert, attorney general, Mr. John P. Walsh
and Mr. Howard Bernstein, for respondent in causes Nos. 27913, 27945 and 27952.
BY THE COURT.
Each of the appointments having been made before and not after the Civil Service Commission certified the nominees for appointment as required by Section 486-14, General Code, a writ of mandamus
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is denied each relator on authority of State, ex rel. Lynch, v Taylor, Dir., ante, 417.
Writs denied.
WEYGANDT, C.J., DAY, ZIMMERMAN, WILLIAMS, MATTHIAS and HART, JJ., concur.
MYERS, J., dissents.