Bergen County v. Civil Serv. Comm'n, 255.

• Decision Date: 13 February 1948
• Docket Number: No. 255.,255.
• Citation: 136 N.J.L. 467,57 A.2d 215
• Parties: BERGEN COUNTY v. CIVIL SERVICE COMMISSION et al.
• Court: New Jersey Supreme Court

136 N.J.L. 467

57 A.2d 215

BERGEN COUNTY

v.CIVIL SERVICE COMMISSION et al.

No. 255.

Supreme Court of New Jersey.

Feb. 13, 1948.

Certiorari by the County of Bergen, by its Board of Chosen Freeholders, against the Civil Service Commission of the State of New Jersey and another, to review action of Civil Service Commission in certifying Frank F. Dzerk, a disabled veteran, as eligible for appointment to the Bergen County Traffic Police Department.

Action of Civil Service Commission affirmed.

Syllabus by the Court

.

A disabled veteran, who qualifies under R.S. 11:27-3, N.J.S.A., must be given a probationary appointment, when certified by the Civil Service Commission.

January term, 1948, before BODINE, HEHER and WACHENFELD, JJ.

Milton T. Lasher, of Hackensack, for petitioner.

John J. Breen, of Hoboken, and Milton B. Conford, of Newark, for Frank F. Dzerk.

Walter D. VanRiper and Louis S. Cohen, both of Newark, for Civil Service Commission.

C. Conrad Schneider, of Englewood, for American Legion, Dept. of New jersey.

BODINE, Justice.

Subject to the approval of the court, counsel have stipulated that if a writ should be allowed the court shall consider the matter and make a final determination of the meritorious question involved.

On May 16, 1947, Frank F. Dzerk, a disabled veteran was certified by the Civil Service Commission as eligible for appointment to the Bergen County Traffic Police Department.

Dr. Raphael S. Gilady, an examining physician, submitted to the Board of Freeholders the following report: ‘Mr. Frank F. Dzerk is in perfect physical state. However, his reasons for disability on discharge from the Army and his history of behavior in the Army suggests that he be examined in a mental hygiene clinic where a psychiatrist's opinion should be obtained as to his stability mentally before becoming a patrolman.’

The Civil Service Commission took the view that the Board of Freeholders was obliged to appoint Mr. Dzerk for the probationary period under R.S. 11:27-3, N.J.S.A., which is as follows: ‘Veterans with a record of disability incurred in line of duty, as herein defined in section 11:27-1 of this Title, who shall receive a passing rating in competitive examinations or tests as herein provided for entrance into the public service, shall be placed at the top of the employment list in the order of their respective final ratings. As amended L. 1946, c. 227, p. 837, § 3.’

That such duty is clear seems settled by the reasoning in Civil...