116 Wash. 326 | Wash. | 1921
The relator, E. M. Martin, a civil service employee of the city of Seattle, brought this action in mandamus for the purpose of compelling the city to issue to him a warrant for salary which he claimed he was entitled to.
On the 26th day of July, 1919, and for some time prior thereto, there was employed, under the engineering department of the city, eleven drawbridge tenders of which the relator was one. On the date mentioned, the relator and one Gf. M. Brinkerhoff were laid off for lack of work by the head of the department under
It is not claimed that there was work in the department at the time for more than nine bridge tenders. Tt is recognized that discharge from the service for lack of work was a good and sufficient reason. Reliance is placed upon the case of State ex rel. Roe v. Seattle, 88 Wash. 589, 153 Pac. 336, where it was held that a civil service employee, discharged by the department in which he was employed, for “lack of veracity and in
The charter of the city provides, “that every officer or employe in the classified civil service shall hold office until removed or retired.” Hornbeck was in the classified civil service, and under this provision of the charter, held the employment until he was removed. To hold that, undér the facts in this case, the relator was entitled to prevail, it would be necessary to go further than the court has gone in any case heretofore decided relative to a civil service employee’s right to compensation during the time that he was separated from the service.
The judgment will be affirmed.
Parker, C. J., Mitchell, and Tolman, JJ., concur.