No. 80-2-331, Appeal from the Order of Commonwealth Court of November 25, 1980, entered at No. 314 C.D., 1980.
Gregory M. Kerwin, Harrisburg, for appellant.
Richard L. Cole, Jr., Asst. Atty. Gen., for appellees.
Roberts, Nix, Larsen, Flaherty, and Kauffman, JJ. Nix, J., files a dissenting opinion. O'Brien, C. J., and Wilkinson, J., did not participate in the consideration or decision of this case.
On February 14, 1980, the appellant, Daniel E. Branchick, filed a complaint in mandamus alleging that he had been wrongfully discharged from his position of employment in the Commonwealth's Department of Labor and Industry.
Commonwealth Court treated the complaint as a petition for review,*fn1 and, following an evidentiary hearing, dismissed the petition.*fn2 The instant appeal ensued.*fn2a
Appellant was first employed by the Commonwealth in 1971 as a supervisor for the State Tax Equalization Board, and, in 1975, was promoted to the position of Administrative Officer III in the Department of Labor and Industry's Division of Prevailing Wage. In January of 1979, Governor Thornburgh assumed office; subsequently, Myron L. Joseph was appointed Secretary of the Department of Labor and Industry. Secretary Joseph, via the following letter dated April 11, 1979, provided notice that appellant's employment would be terminated:
This is to advise you that in the course of my continuing review of key personnel and operations in the Department, I find that I am unable to retain you beyond close of business April 24, 1979.
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