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RAYMOND ET AL. v. SCRANTON SCHOOL DISTRICT. (06/11/58)

June 11, 1958

RAYMOND ET AL., APPELLANTS,
v.
SCRANTON SCHOOL DISTRICT.



Appeal, No. 27, Feb. T., 1958, from judgment of Court of Common Pleas of Lackawanna County, Nov. T., 1956, No. 1013, in case of Mark L. Raymond et al. v. School District of the City of Scranton et al. Judgment reversed.

COUNSEL

Robert E. O'Brien, with him Kennedy, O'Brien & O'Brien, for appellants.

James A. Kelly, Solicitor, School District, City of Scranton, for appellees.

Before Rhodes, P.j., Wright, Woodside, Ervin, and Watkins, JJ. (hirt and Gunther, JJ., absent).

Author: Watkins

[ 186 Pa. Super. Page 354]

OPINION BY WATKINS, J.

This is an appeal from the entry of judgment by the Court of Common Pleas of Lackawanna County in favor of the School District and the Board of School Directors of the City of Scranton, the appellees, and an order dismissing a Writ of Mandamus brought by fourteen professional teaching employes, the appellants, to compel the said school district to pay a Two Hundred Dollar ( $200) increase in yearly compensation.

There is but one action and one appeal. By agreement of counsel the case was tried by the court below without a jury on a stipulated statement of facts.

According to the undisputed facts, the appellants are all professional employees of the school district of the City of Scranton; they have satisfactory ratings; they requested appellees to pay them for the school year 1956-1957 the Two Hundred Dollar ( $200) increase in annual compensation in excess for that paid for the school year 1955-1956, and appellees refused to do so; the fiscal year of the Scranton School District begins January 1 of each year; the school year of 1955-1956 was the period from July 4, 1955 to and including July 1st, 1956; and the school year 1956-1957 was the period from July 2, 1956 to and including June 30, 1957.

The appellants' claim for the increase in annual compensation is based on the provisions of Section 4 of the Act of June 1, 1956 P.L. 1948, 24 PS § 11-1142, which reads as follows:

"Section 4. Notwithstanding any other provision of the Public School Code of 1949, its amendments and supplements... For the school year 1956-1957, professional employes of all school districts and vocational school districts and temporary professional employes, who have satisfactory ratings, shall receive an increase in annual compensation in excess of that paid for the

[ 186 Pa. Super. Page 355]

    school year 1955-1956... which shall include any service increments to which the employes are entitled under the provisions of the Public School Code of 1949, its amendments and supplements for the school year ...


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