The opinion of the court was delivered by: GREEN
This civil action was filed pursuant to § 2022 of the Vietnam Era Veteran's Reemployment Rights Act, 38 U.S.C. §§ 2021-2026 (hereinafter "the Act"). Plaintiff, Joseph F. Ryan, Jr., voluntarily resigned his position as a correctional officer in a prison operated by the City of Philadelphia and entered the Marine Corps. While serving in the Marine Corps, he incurred a service-oriented disability. After being honorably discharged from the Marine Corps, he reapplied for his former position. The parties agree that his disability disqualified him for reemployment as a correctional officer, unless the duties relating thereto were somewhat modified. The City acknowledges its obligation to offer Mr. Ryan employment in a position the duties of which he is qualified to perform and which would provide him with like "seniority, status and pay, or the nearest approximation thereof consistent with the circumstances in such person's case."
1. Plaintiff, Joseph F. Ryan, Jr., hereinafter plaintiff or Ryan, was initially employed by defendant, the City of Philadelphia, hereinafter the City, on November 3, 1971.
2. The City of Philadelphia is a municipal corporation authorized to conduct business in the Commonwealth of Pennsylvania and maintains an office in the Municipal Services Building, Room 630, Broad and Arch Streets, Philadelphia, Pennsylvania, within the jurisdiction of this Court, where it is engaged in the operation of city services including, but not limited to, the operation of municipal prisons and houses of correction and detention.
3. After working in another City Department, Mr. Ryan was appointed as a correctional officer on July 9, 1973. Ryan worked as a correctional officer at both Holmesburg Prison and the House of Corrections, two prison facilities operated by the City of Philadelphia.
4. Ryan worked satisfactorily in that position until he voluntarily resigned for the purpose of entering the Armed Forces of the United States of America (United States Marine Corps) effective May 27, 1976.
5. Plaintiff's position of employment with the City of Philadelphia, prior to his entry into the Armed Forces, was not a temporary position.
6. Plaintiff served in the United States Marine Corps from May 27, 1976 until January 7, 1980 when he was honorably discharged.
7. While in the military service, Ryan incurred a service-oriented disability. The disability which Ryan incurred during his military service has been diagnosed as temporal lobe epilepsy.
8. Due to this disability, Ryan became subject to post traumatic seizures (grand mal and psychomotor type).
9. At the time of his honorable discharge from the Marine Corps, Ryan was placed on the Temporary Disability Retirement List with ...