Opinion
No. 40009
Decided June 15, 1966.
Civil service — Termination of employment in contravention of law — Appeal from order of board restoring positions, dismissed — Order of restoration res judicata — Mandamus.
APPEAL from the Court of Appeals for Lake County.
The 21 relators herein were employed by the respondent, the Lake County Engineer. They were discharged by the respondent, and each filed an appeal with the State Personnel Board of Review. The board held that the "mass firing" of relators was in contravention of the Ohio civil service laws, disaffirmed such terminations of employment, and ordered relators "restored to their positions, retroactive to the date of their terminations."
An appeal to the Court of Common Pleas of Lake County from the decision of the board was dismissed for the reason that the court had no jurisdiction of the subject matter. No appeal was taken from that judgment.
The respondent having failed to restore relators to their positions as required by the board, the instant action in mandamus was instituted in the Court of Appeals, seeking a writ commanding respondent to restore relators to their positions, retroactive to the date of their terminations, pursuant to the decision of the board.
The Court of Appeals sustained a demurrer to the petition for the reason that relators were not in the classified service, found that relators cannot state a cause of action in mandamus in an amended petition, and ordered that the action be dismissed.
An appeal from the judgment of the Court of Appeals brings the cause to this court for review.
Messrs. Lucas, Prendergast, Albright Warren and Mr. John A. Brown, for appellants.
Mr. Fred Skok, prosecuting attorney, Mr. Alan D. Wright and Mr. Barry M. Byron, for appellee.
The petition states unequivocally that the decision of the State Personnel Board of Review directed the respondent to restore the relators to their positions retroactive to the date of termination; that respondent has failed to comply with that decision; and that the respondent did not appeal from the judgment of the Court of Common Pleas dismissing the appeal from the board. There being no timely appeal from the decision of the board or from the judgment of the Court of Common Pleas, the matter is res judicata. Neither the decision of the board nor the judgment of the court is subject to collateral attack.
The judgment of the Court of Appeals is reversed, and the cause is remanded with directions to overrule the demurrer and allow the writ. State, ex rel. Jones, v. Ward, Dir., 177 Ohio St. 89.
Judgment reversed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.