347 N.E.2d 261 (Ill.App. 1 Dist. 1976), 61960, People ex rel. Casey v. Health and Hospitals Governing Commission

Docket Nº:61960, 61961.
Citation:347 N.E.2d 261, 37 Ill.App.3d 1056
Party Name:The PEOPLE of the State of Illinois on the relation of John P. CASEY and John McIntyre, Plaintiffs-Appellees, v. HEALTH & HOSPITALS GOVERNING COMMISSION of Illinois and James Bailey, Director of Personnel, Cook County Hospitals, Defendants-Appellants. The PEOPLE of the State of Illinois on the relation of William J. BAMRICK, Plaintiff-Appellee, v.
Case Date:April 14, 1976
Court:Court of Appeals of Illinois
 
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Page 261

347 N.E.2d 261 (Ill.App. 1 Dist. 1976)

37 Ill.App.3d 1056

The PEOPLE of the State of Illinois on the relation of John

P. CASEY and John McIntyre, Plaintiffs-Appellees,

v.

HEALTH & HOSPITALS GOVERNING COMMISSION of Illinois and

James Bailey, Director of Personnel, Cook County

Hospitals, Defendants-Appellants.

The PEOPLE of the State of Illinois on the relation of

William J. BAMRICK, Plaintiff-Appellee,

v.

The MERIT SYSTEM ADVISORY COMMITTEE et al., Defendants-Appellants.

Nos. 61960, 61961.

Court of Appeals of Illinois, First District, Fourth Division.

April 14, 1976.

Rehearing Denied May 12, 1976.

Page 262

Health & Hospitals Governing Commission of Cook County, Dept. of Legal Affairs, for defendants-appellants. William P. Tuggle, Joan M. Pucillo, Gail D. Hasbrouck, Robert C. Samko, Chicago, of counsel.

Richard F. McPartlin, Chicago, for John P. Casey and John McIntyre, plaintiffs-appellees.

John J. Muldoon, Chicago, for William J. Bamrick, plaintiff-appellee.

ADESKO, Justice:

This is a consolidated appeal from the entry of two orders each of which directed a writ of Mandamus to issue. They commanded defendants to restore relators to their former, respective positions with two hospitals which are under the jurisdiction of the Health & Hospitals Governing Commission of Cook County.

The only issue presented Sub judice is whether the complaints for Mandamus were barred by Laches.

[37 Ill.App.3d 1057] We affirm.

Relators, John P. Casey and John McIntyre, in their complaint for Mandamus, alleged the following:

They were employed as firemen-oilers at Oak Forest Hospital in 1968. Oak Forest Hospital is under the jurisdiction of the Health & Hospitals Governing Commission of Cook County (the Commission). Both relators had acquired career status within the Commission's merit system. As career employees, neither could be discharged, demoted, or suspended for a period of more than 30 days except for cause and upon written charges pursuant to section 16 of the County Hospitals Governing Commission Act (Ill.Rev.Stat.1971, ch. 34, par. 5026). On February 15, 1972, the Commission adopted a resolution establishing a compulsory retirement program for all of its employees. On December 29, 1972, John P. Casey was summarily separated and retired from his employment by defendants. John McIntyre was summarily...

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