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REQUEST MARY DINSMORE FOR APPEAL AND HEARING v. COMMONWEALTH PENNSYLVANIA (12/06/76)

decided: December 6, 1976.

IN RE: REQUEST OF MARY DINSMORE FOR APPEAL AND HEARING
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF AGRICULTURE. MARY DINSMORE, APPELLANT



Appeal from the Order of the Pennsylvania State Civil Service Commission in case of In Re: Appeal of Mary Dinsmore, No. 1818.

COUNSEL

George B. Stegenga, for appellant.

I. Lawrence Gelman, Chief Counsel, with him Robert P. Kane, Attorney General, for appellee.

Judges Wilkinson, Jr., Rogers and Blatt, sitting as a panel of three. Opinion by Judge Wilkinson.

Author: Wilkinson

[ 27 Pa. Commw. Page 343]

Appellant was a regular employee of the Department of Agriculture in the classified services, as defined by the Civil Service Act, Act of August 5, 1941, P.L. 752, as amended, 71 P.S. ยง 741.1 et seq. On November 26, 1975, the following letter was sent from her superior, the Regional Director of the Southeast Region:

Dear Mrs. Dinsmore:

According to the Department of Agriculture rules and regulations, your status has changed from Leave Without Pay to Absence Without Leave effective November 26, 1975.

If you do not return to work before December 3, 1975, action will be taken to remove you from

[ 27 Pa. Commw. Page 344]

    the payroll because of abandonment of your position. This is considered a voluntary resignation.

When appellant failed to return to work she was advised by the Secretary of Agriculture (Secretary) on December 29, 1975:

Dear Mrs. Dinsmore:

You have failed to return to work from your authorized leave of absence which expired with the close of business November 25, 1975. Therefore, you are being resigned from your position as an Agricultural Technician II in the South-western ...


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