People ex rel. White v. Hurley, Gen. No. 46104
| Decision Date | 02 March 1954 |
| Docket Number | Gen. No. 46104 |
| Citation | 117 N.E.2d 862,1 Ill.App.2d 442 |
| Parties | PEOPLE ex rel. WHITE v. HURLEY et al. |
| Court | United States Appellate Court of Illinois |
Michael F. Ryan, Richard F. McPartlin, Jr., Chicago, of counsel, for appellant.
John J. Mortimer, Corp. Counsel, Chicago, L. Louis Karton, Chicago, Head of Appeals & Review Division, David D. Stevenson, Asst. Corp. Counsel, Chicago, of counsel, for appellees.
This is an appeal from an order sustaining defendants' motion to strike the amended complaint of the relator and to dismiss the suit. The relator seeks a writ of mandamus against the members of the Civil Service Commission and the President of the Board of Health of the City of Chicago, to compel them to permit him to take a promotional examination for the position of Supervising Dairy Inspector in the classified service of the Board of Health, and if he passes such examination, to place his name in its proper place upon the promotional register.
It appears that the relator took and passed an examination for the position of Food Inspector in 1914 and was appointed to the position that year. At that time, as it is alleged in the complaint, and for some years thereafter, the duties of Food Inspector included milk inspection. In 1924 plaintiff was assigned to the Country Division of the Food Bureau and was delegated duties in connection with milk inspection. He performed those duties until June 25, 1937, when he was given a temporary appointment as Supervising Dairy Inspector. He was given a leave of absence from the office of Food Inspector and held the office of Supervising Dairy Inspector under temporary appointment until the time of the filing of the amended complaint herein. Some time prior to 1939, the position of Dairy Inspector was classified by the Civil Service Commission as a position in Branch III, Class O, Grade 3, being the same branch, class and grade as that of Food Inspector. The duties of Dairy Inspector were defined and were distinguished from those of Food Inspector and on November 16, 1942, were redefined and classified.
According to defendants, the office of Dairy Inspector was created as early as 1926 and the office of Supervising Dairy Inspector in 1928. However, relator refers to it as a newly created position, which was classified August 24, 1948. Relator further states that between 1939 and 1941, a number of employees under the title of 'Food Inspector,' or 'Health Inspector,' who were performing duties in connection with milk and dairy inspection, had their title changed without any civil service examination to 'Dairy Inspector,' and that by oversight, the title of the relator was not changed, although at that time he was a Food Inspector, being on leave of absence from that office to perform the duties of Supervising Dairy Inspector, as we have stated.
On March 15, 1951, the Civil Service Commission issued a call for the holding of a promotional examination for the position of Supervising Dairy Inspector, Branch III, Class O, Grade 4, prescribing that all civil service Dairy Inspectors would be eligible. Relator applied for the examination and was permitted to take it, but his papers were not marked because, after taking the examination, the Civil Service Commission took the position that he was not eligible therefor since he was not a civil service Dairy Inspector at the time. This is the action complained of.
Under Section 9 of the Civil Service Act, Ill.Rev.St.1953, ch. 24 1/2, § 11, it is the duty of the Civil Service Commission to provide that wherever practicable, vacancies shall be filled by promotion and that examinations shall be competitive among such members of the next lower rank as desire to submit themselves as candidates for promotion. The relator argues that he was in the next lower rank; that, although on the civil service list as a Food Inspector, he was in reality a Dairy...
To continue reading
Request your trial