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Board of Education v. Cuff

Decided: November 19, 1962.

BOARD OF EDUCATION OF THE CITY OF JERSEY CITY, HUDSON COUNTY, NEW JERSEY, APPELLANT,
v.
WILLIAM CUFF, ET AL., AND DEPARTMENT OF CIVIL SERVICE OF THE STATE OF NEW JERSEY, RESPONDENTS



For modification -- Chief Justice Weintraub, and Justices Jacobs, Francis, Proctor, Hall, Schettino and Haneman. Opposed -- None. The opinion of the court was delivered by Jacobs, J.

Jacobs

The Appellate Division affirmed a decision of the Department of Civil Service which had ordered the reinstatement of 18 employees of the Jersey City Board of Education. We granted certification on the application of the Board. 37 N.J. 54 (1962).

On July 1, 1959 the Board of Education adopted a resolution, effective September 1, 1959, which directed that the services of all noninstructional employees of the Board be terminated upon their reaching the age of 65 and that they be required to apply for any pension for which they may be eligible. Thereafter it sent letters to the affected employees advising that their services were being terminated and that they should apply for any pension benefits due them. Many of the employees appealed to the Department of Civil Service. After a hearing, the Department entered an order which directed that the following employees be restored to their employment with back pay:

James Bligh Mary Mara

Bridie Brady Winifred V. McLaughlin

Anna E. Bridges Frieda Nelson

Thomas Chambers Ruth Neuland

William Cuff Charles Nichol

Harry J. Cummings Augusta F. Pecklers

Victoria De La Bastide Mae Pfohl

Joseph Ferrino Jane V. Stremick

John Garland Martin Sutton

The Board then appealed to the Appellate Division which, on November 30, 1961, filed a per curiam ...


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