90 So. 417 | La. | 1921
Lead Opinion
Defendant appeals from a judgment making a writ 'of mandamus peremptory, eommauding defendant to reinstate relator in the position of assistant time inspector, from which he was discharged, and condemning defendant to pay relator’s salary from the time of his discharge.
Relator’s complaint is that his discharge was a violation of the Civil Service Law (Act 15 of the Extra Session of 1915), which declares that all 'persons employed by the board of commissioners of the port of New Orleans, as a result of an examination by the board of examiners created by the statute, “shall hold their offices or employment during their good - behavior, and shall only be removéd on charges preferred against
“I am. instructed by the board of commissioners to say that an error has been committed in your recent discharge by the board.
“However, last evening the board, as a matter of economy, abolished the position now held by you. I am instructed by the president to draw a voucher for your full pay up to this morning, and will be pleased to have you call at this office and receive same.
“Inasmuch as the above error was committed by the board, please have your attorney notify the board as to the amount of the costs in your present suit, which costs will be reimbursed you.”
Relator's employment was in the time inspection department, which consisted of a chief time inspector, under salary of $225 a month, and three assistant time inspectors, each under salary of $150 a month. Relator was one of the assistant inspectors, and was called senior time inspector. His duty was to see that the other employees of the board actually put in the time for which they were given credit by the timekeepers, and thus to prevent fraud or error.
It is claimed by defendant that the position of chief time inspector had been abolished, and that the board had intended to abolish also the positions of the three other members of that department. It is admitted however, that their positions had not been abolished. The record of the employment of relator’s successor, John H. Strobel, shows that he was employed in the same position from which relator was discharged, viz.:
“John H. Strobel, time inspector, executive office, $150.00 per month, vice J. Sonncnberg.”
In fact, when Strobel was employed, relator was requested by an officer of the board to instruct Strobel, and did instruct him, in the duties which he was to perform. The title as well as the duties, of the position remained the same until the meeting of the board on the next day after citation was served in this suit. The board then, ostensibly, abolished the positions of the assistant time inspectors, and created in their place positions called “detectives.” The only change in Strobel’s position was that he was thereafter called a “detective,” instead of a “time inspector.” His salary and duties remained the same.
The judgment appealed from is affirmed, at -appellant’s cost.
Rehearing
On Rehearing.
A re-examination of this case satisfies us with the correctness of our former opinion and decree.
It is therefore ordered, adjudged, and decreed that said opinion and decree be reinstated and made the judgment of this court.