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Hallgring v. Board of Commissioners

Decided: March 11, 1953.

CHARLES A. HALLGRING, PLAINTIFF,
v.
BOARD OF COMMISSIONERS OF THE CITY OF NEWARK, NEW JERSEY, DEFENDANT



Colie, J.s.c.

Colie

The complaint in lieu of prerogative writ discloses that Charles A. Hallgring has been employed in the Department of Health of the City of Newark since 1904. On September 8, 1951 he was chief inspector in the Plumbing Division with an annual salary of $4,800. On the same date he had accumulated 594 days of unused sick leave under R.S. 11:24 A -3. On August 21, 1951 plaintiff took a sick leave on the advice of his physician, who wrote the Department of Health as follows:

"I have been observing Mr. C. A. Hallgring for the past 4 to 5 years and recently he is having a number of complaints that are troublesome.

1. Asthmatic bronchitis.

2. Dizziness and unsteadiness.

3. Painful joints, especially the right elbow and left shoulder.

4. Loss of weight.

5. Arteriosclerotic heart disease with moderate anoxia.

I feel that he had better take a rest until some of these things have improved before returning to work."

On August 22, 1951 the Commissioners of the City of Newark passed a resolution which reads:

"WHEREAS, Charles A. Hallgring, employed as Chief Inspector, Plumbing Division of the Bureau of Health, Department of Public Affairs, is of the age of 75 years, and has been continuously employed by the City for a period of 47 years; and,

WHEREAS, the aforesaid employee is a member of the Newark Board of Health Pension Fund Association, as provided ...


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