261 Mass. 351 | Mass. | 1927
This is a petition for a writ of mandamus to restore the petitioner to his position in the classified public service of the city of Lowell.
The single justice found that the respondent, who on February 27, 1925, was acting as the superintendent of lands and buildings in the building department of the city of Lowell, sent a requisition to the civil service commission for an “intermittent slate roofer,” and in the requisition it was stated that the kind of labor was “slate roofer,” the place of employment “building department,” the probable duration of employment “intermittent,” and the pay “$39.60.” By the rules of the civil service commission the employing officer is required to give this information when calling for
The single justice ruled that the petitioner was not a permanent employee, but was an intermittent employee and as such was entitled under the civil service rules and under the statute to the hearing requested; he ordered that the writ of mandamus issue, and reported the case.
The respondent contends that the petitioner, having been employed as an intermittent slate roofer, was a temporary employee and not entitled to the hearing requested.
The civil service rules applicable to the labor division made provision for those holding employment in the classified public service and those holding temporary and emergency appointments. It is not contended that the petitioner was an emergency employee. The rules require that vacancies in a classified position shall be filled after requisition
We find no error in the rulings and decision of the single justice. Writ of mandamus to issue as prayed for.
So ordered.