For the relator, Charles E. McCraith, Jr.
For Civil Service Commission, Walter D. Van Riper and John W. Griggs.
For William H. Williams, Lawrence E. Keenan.
For Fred B. Handlon, Jacob Fox.
Before Justices Bodine and Jacobs.
The opinion of the court was delivered by
BODINE, J. Relator, who has been an employee of the Town of Belleville under a regular employment for an indefinite term, seeks to have his name placed upon the payroll and to compel the Civil Service Commission to so certify.
The basis for the refusal is that by order of his superior, the Director of Public Safety, he has been performing, in addition and without added compensation, the duties theretofore performed by one Fred B. Handlon as clerk, Recorder's Court.
On November 6th, 1945, the voters of the Town of Belleville by referendum adopted the provisions of the Civil Service Act. Charles B. Tedesco, the relator, and the respondent Fred B. Handlon had been for several years in the employ of the town. Handlon was performing the clerical duties of the Recorder's Court. In May of 1946, Louis A. Noll was elected one of the commissioners of the Town of Belleville, and assigned to the office of Director of Public Safety.
Upon the adoption of the provisions of the Civil Service Act, Tedesco was designated chief clerk, Department of Parks and Public Property; Handlon was designated clerk, Recorder's Court, Department of Public Safety.
On June 25th, 1926, Tedesco was transferred to the position of chief clerk of the Department of Public Safety. On July 15th, 1946, the Civil Service Commission approved the transfer.
On July 30th, 1946, the relator, Charles B. Tedesco, was classified by the Civil Service Commission to the new title of administrative assistant II. The respondent Fred B. Handlon had been classified by the Civil Service Commission to the title of clerk, Recorder's Court. Between June 25th, 1946, and April 15th, 1947, he ...