STATE EX REL. v. WICHERT, 159 Ohio St. 50 (1953)

110 N.E.2d 771

THE STATE, EX REL. BAKER, APPELLANT v. WICHERT, MAYOR, ET AL., APPELLEES.

No. 33269Supreme Court of Ohio.
Decided February 25, 1953.

Civil service — Examination necessary prerequisite to standing in classified service — Person employed without examination, later discharged — Mandamus not available for restoration to position.

APPEAL from the Court of Appeals for Summit county.

On October 16, 1950, relatrix was employed as clerk in the engineering department of the city of Cuyahoga Falls. The record does not disclose by whom she was employed. Prior to or during relatrix’s period of employment, she did not take a competitive examination and none was held for that position. Neither is it shown by the record that she took a noncompetitive examination for a provisional appointment. On January 31, 1952, relatrix’s services were terminated by respondents without any reason therefor being given, and without charges being filed against her.

Relatrix instituted an action in mandamus in the Court of Appeals, seeking a writ ordering respondents to restore her to her former position as clerk in the engineering department, contending that, although the

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position was never specifically classified, she became entitled to the benefits and protection of the Civil Service Act, and that inasmuch as she was removed without charges being preferred against her she was wrongfully discharged and should be reinstated. The answer, to which no reply was filed, denies that relatrix was ever a classified civil service employee.

The Court of Appeals denied the writ.

An appeal as of right brings the cause to this court for review.

Mr. Nelson Hovey, for appellant.

Mr. Donald F. Kepple, city solicitor, for appellees.

Per Curiam.

A person who has never taken a civil service examination, either competitive or noncompetitive, has no standing as a civil service employee and is not entitled to the benefits and protection of the civil service law. Relatrix has not established a clear legal right to a writ of mandamus requiring restoration to her former position. State, ex rel. Lynch, v. Taylor, Dir., 136 Ohio St. 417, 26 N.E.2d 207.

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

WEYGANDT, C.J., MIDDLETON, TAFT, MATTHIAS, HART, ZIMMERMAN and STEWART, JJ., concur.

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