Opinion
Argued November 9, 1973
February 4, 1974.
Civil Service — Appeal — Reinstatement date — Moot question.
1. An appeal challenging the date of a reinstatement to employment ordered by the lower court is rendered moot by a holding on appeal that the reinstatement on any date was improper. [25-6]
Argued November 9, 1973, before Judges KRAMER, WILKINSON, JR. and BLATT, sitting as a panel of three.
Appeal, No. 85 C.D. 1973, from the Order of the Court of Common Pleas of Allegheny County in case of Paul J. Walsh, Jr. v. Civil Service Commission of the City of Pittsburgh and Dr. Marion K. McKay, Dr. Albert Statti and Rev. James B. Cayce, all Members of the said Civil Service Commission; and The City of Pittsburgh, a municipal corporation; Joseph M. Barr, Mayor of the City of Pittsburgh; David W. Craig, Director, Department of Public Safety, City of Pittsburgh, No. 1892 April Term, 1968.
Complaint in mandamus in the Court of Common Pleas of Allegheny County to certify plaintiff as permanent employee. Reinstatement ordered. HESTER, J. Defendants appealed to the Commonwealth Court of Pennsylvania. Plaintiff filed cross-appeal challenging reinstatement date ordered. Held: Appeal dismissed.
H. David Rothman, for cross-appellant.
Thomas S. White, Assistant City Solicitor, with him Ralph Lynch, Jr., City Solicitor, for cross-appellees.
This is a "cross-appeal" to No. 64 Commonwealth Docket 1973, the decision and opinion which is being filed herewith. The lower court had directed Paul J. Walsh be reinstated as a police officer as of July 20, 1967. Walsh filed this appeal asserting that the proper date on which he was entitled to be placed on the employment roll, Bureau of Police, City of Pittsburgh, was September 6, 1966.
The question of whether the proper date should have been July 20, 1967, or September 6, 1966, is now moot since we have reversed the lower court in No. 64 Commonwealth Docket 1973, and have held that Walsh is not entitled to be placed on the employment roll on either date.
Appeal dismissed.