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STATE CIVIL SERVICE COMMISSION v. HOGAN (01/03/56)

January 3, 1956

STATE CIVIL SERVICE COMMISSION
v.
HOGAN, APPELLANT.



Appeal, No. 5, May T., 1955, from order of Court of Common Pleas of Dauphin County, 1953, Commonwealth Docket, No. 48, in case of Commonwealth of Pennsylvania State Civil Service Commission v. Ethel F. Hogan. Order affirmed.

COUNSEL

Joseph V. Kasper, with him James Lenahan Brown and Daniel J. Flood, for appellant.

Leon Ehrlich, Deputy Attorney General, with him M. Louise Rutherford, Deputy Attorney General and Herbert B. Cohen, Attorney General, for appellee.

Before Stern, C.j., Stearne, Jones, Bell, Musmanno and Arnold, JJ.

Author: Bell

[ 383 Pa. Page 563]

OPINION BY MR. JUSTICE BELL.

This is an appeal from the Order of the Court of

[ 383 Pa. Page 564]

Common Pleas of Dauphin County affirming an adjudication of the State Civil Service Commission which furloughed appellant from her position as senior visitor for the Luzerne County Board of Assistance. The matter came before this Court on certification from the Superior Court.

The single question for consideration is whether appellant's seniority was properly determined in accordance with existing legislation.

The facts are these: The case load and budgetary limitations required a reduction of eight persons in the classification of senior visitor by the Luzerne County Board. Ethel F. Hogan was appointed to the position of junior visitor on January 1, 1938. About two years later she was promoted to the position of visitor which she held for approximately nine years. On April 1, 1950, she became a senior visitor, from which she was furloughed, on November 26, 1952. James Jones, a veteran, was promoted into the senior visitor classification on October 16, 1950, or 199 days after appellant. He was not furloughed because his service as a member of the armed forces of the United States for two years and six months was added to his service as senior visitor thus giving him seniority.

Section 203 of the Civil Service Act of August 5, 1941, P.L. 752, as amended, 71 PS ยง 741.203, specifically provides in pertinent part: "It shall be the duty of members of the commission as a body ... (1) After public hearing, as hereinafter set forth, to establish, adopt and amend rules, either on its own motion or upon recommendation of the director, for making effective the ...


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