Opinion
No. 80-1235
Decided March 25, 1981.
Mandamus — Public employees — To compel award of back pay for wrongful removal — Mandamus proper remedy.
APPEAL from the Court of Appeals for Hamilton County.
John Hamlin, appellant herein, was temporarily removed from his position as the Director of the Clermont County Diagnostic Clinic, Inc., in August of 1978, and was transferred to a position at the Clermont County Board of Mental Retardation. In February of 1979, appellant was permanently removed from his position.
Appellant appealed his removal to the State Personnel Board of Review ("board"). The board modified the removal order to a two-day suspension. An appeal of the board's order by the board of mental retardation to the Court of Common Pleas was dismissed for lack of subject-matter jurisdiction.
Appellant filed the instant mandamus action in the Court of Appeals seeking reinstatement and back pay. While that suit was pending, appellant was offered and accepted a different position at the board of mental retardation than he formerly held. He was not, however, given any back pay. On August 1, 1980, the Court of Appeals dismissed the action in mandamus "***on the grounds that there is an adequate remedy at law."
The cause is now before this court on an appeal as of right.
Messrs. Lucas, Prendergast, Albright, Gibson, Newman Gee, Mr. James E. Melle and Mr. Howard B. Abramoff, for appellant.
Ennis Roberts Co., L.P.A., Mr. George E. Roberts III and Mr. J. Michael Fisher, for appellees board of mental retardation and its superintendent.
Mr. Chris Erhardt, for appellee diagnostic clinic.
The sole issue before this court is whether mandamus is a proper remedy for appellant to pursue the back pay allegedly due to him. There is no question, based on past decisions of this court, that mandamus is proper under these facts. See State, ex rel. Colangelo, v. McFaul (1980), 62 Ohio St.2d 200; State, ex rel. Martin, v. Columbus (1979), 58 Ohio St.2d 261; State, ex rel. Osborn, v. Jackson (1976), 46 Ohio St.2d 41; State, ex rel. Dean, v. Huddle (1976), 45 Ohio St.2d 234; Monaghan v. Richley (1972), 32 Ohio St.2d 190.
Accordingly, the judgment of the Court of Appeals is reversed and the cause remanded to that court for further proceedings.
Judgment reversed and cause remanded.
CELEBREZZE, C.J., W. BROWN, P. BROWN, SWEENEY, LOCHER, HOLMES and C. BROWN, JJ., concur.