decided: November 9, 1965.
Appeal from judgment of Court of Common Pleas of Dauphin County, No. 70 Commonwealth Docket, 1964, in case of Anthony L. Gariti v. C. Herschel Jones, Chairman, Mary Dilworth Barnes and John A. M. McCarthy, members of State Civil Service Commission.
Ralph D. Tive, for appellant.
Edgar R. Casper, Deputy Attorney General, with him Walter E. Alessandroni, Attorney General, for appellees.
Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ.
Author: Per Curiam
[ 419 Pa. Page 314]
This is a companion case to that of Kelly v. Jones, 419 Pa. 305, 214 A.2d 345, the only factual difference being that Anthony L. Gariti began his employment with the Commonwealth as a Milk Marketing Examiner in 1958 with the Milk Control Commission, after taking and passing a competitive examination for such position, whereas, Mr. Kelly was first an employee of the Commonwealth and then later acquired Executive Civil Service status. The legal questions involved are the same in both cases.
For the reasons already stated in the Kelly case, we find no violation of Gariti's constitutional rights and therefore affirm the action of the court below.
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