Opinion
No. 181 MAL 2022 No. 182 MAL 2022
09-13-2022
DEPARTMENT OF CORRECTIONS, State Correctional Institution at Frackville, v. Ralph E. LYNN (State Civil Service Commission) Petition of: Governor's Office of Administration Governor's Office of Administration, Petitioner v. Ralph E. Lynn (State Civil Service Commission), Respondent
ORDER
PER CURIAM
AND NOW , this 13th day of September, 2022, the Petition for Allowance of Appeal is GRANTED , LIMITED TO the issue set forth below. Allocatur is DENIED as to all remaining issues. The issue, as stated by petitioner, is:
Is the Commonwealth Court's decision contrary to longstanding precedents of the Supreme Court of Pennsylvania, including Hoffman v. Township of Whitehall and Housing Authority of County of Chester v. Commission , which hold that application of veterans’ preference to promotions is unconstitutional?
The parties are also directed to address the related issue of whether a non-civil service employee seeking a civil service position at a higher pay scale in the same department is seeking a promotion such that the individual is ineligible for the veterans’ preference.