Appeal from the Order of the State Civil Service Commission in case of Appeal of Philip W. Amos, No. 1355.
Burton D. Morris, Deputy Attorney General, with him Israel Packel, Attorney General, for appellant.
Jerome H. Gerber, for appellee.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Wilkinson. Concurring Opinion by Judge Bowman. Dissenting Opinion by Judge Mencer.
On September 10, 1969, the Executive Board of the Commonwealth adopted a resolution which provided in pertinent part:
"Resolved, That notwithstanding the action of the Executive Board, dated July 30, 1969, approving a general salary increase for State employes, effective August
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, 1969, and the sections of the Compilation of Rules for Personnel Administration which provide for meritorious, promotional, and other salary increases within the pay ranges of the various classes in the Compensation Plan, no employes or officers of the Department of Education shall be paid more than $30,000 annually, and no individuals in any other department or agency shall receive more than $25,000 annually; and be it further. . .
"Resolved, That the provisions of this resolution shall not apply to physicians. . . ."
Attorneys were also excepted from the general limitation of $25,000 per year by a resolution adopted September 8, 1970.
As a result of these Executive Board resolutions, the employe was on two occasions denied a full 5% general pay increment given to Commonwealth employes. Subsequently, when employe was promoted to Highway District Engineer III, an increment engendered by the promotion was denied for the same reason. In each instance, no relief was sought by employe.
On August 10, 1972, employe became eligible for a merit increment as provided by the Personnel Rules of the Executive Board, 4 Pa. Code § 27.12. When this increment was denied as a result of the resolutions noted above, employe appealed to the Civil Service Commission, alleging a violation of Section 905.1 of the Civil Service Act, Act of August 5, 1941, P.L. 752, as amended, 71 P.S. § 741.905a. Section 905.1 provides: "No officer or employe of the Commonwealth shall discriminate against any person in recruitment, examination, appointment, training, promotion, retention or any other personnel action with respect to the classified ...