Price, Sullivan and Leonard. The opinion of the court was delivered by Leonard, J.s.c. (temporarily assigned).
This is an appeal from a final determination and order of the Department of Civil Service, State of New Jersey, wherein the action of the Department's Chief Examiner and Secretary denying appellant's claim to a disabled veteran's preference under N.J.S.A. 11:27-1.2 was held proper.
On or about July 1, 1959 the Department of Civil Service (Department) issued an announcement bulletin which listed a number of competitive examinations for various titles and positions, including one for "Buyer (S228)." The closing date for filing applications therefor was fixed at Friday, May 29, 1959 and the written examination was scheduled in July 1959. This examination was conducted as scheduled, and in September 1959 notice of the results was sent to successful and unsuccessful applicants, at which time the former were called in for oral examination. In December 1959 the employment list, in accordance with the respective final ratings of applicants, was established and recorded.
On May 28, 1959 Harry A. Abrams, husband of appellant, filed his application to take the examination for the position of "Buyer (S228)." On the same date he also filed adequate proofs that he was a disabled veteran entitled to preference under N.J.S.A. 11:27-1. The following day, May 29, appellant filed an application for the same position claiming the derivative disabled veteran status under N.J.S.A. 11:27-1.2. Appellant contended below that at the same time she also filed her husband's written waiver which is required by N.J.S.A. 11:27-1.2. This was disputed, and Department determined that this waiver was not filed until October 12, 1959 (when, on advice of her attorney, she refiled all relevant papers).
Both appellant and her husband took the examination for "Buyer (S228)." She passed the same and is presently sixteenth on the employment list.
While the entire transcript of the proceedings before Department was not reproduced by the parties to this appeal, we have, at our request, received the same. It appears therefrom that the husband testified, in part, as follows:
"Q. Did you file an application for a Civil Service examination for Buyer, S 228? A. I did, sir.
Q. Do you recall when you made that application out? A. The evening of the 27th, to the best of my memory.
Q. Do you recall having sought out from the Veterans Administration at Newark an essential paper having to do with your receiving disability benefits or something of that kind? A. Yes, sir. I received that, that morning.
Q. Do you recall being present when your wife filled out her examination application for Buyer, S 228? A. Yes, I do.
Q. How did it come about that both you and she filed for the examination? A. When I told her I was going to go for Buyer she said, 'I think I will do the same thing.' We always had a ...