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STATE PERSONNEL COMMISSION v. WEBB

No. 1 CA-CIV 1669.

18 Ariz. App. 69 (1972)

500 P.2d 329

STATE of Arizona PERSONNEL COMMISSION et al., Appellants, v. Afton WEBB, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied September 21, 1972.

Review Denied October 24, 1972.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen. by Peter C. Gulatto, and Myron Shapiro, Asst. Attys. Gen., Phoenix, for appellants.

Gary Peter Klahr, Phoenix, for appellee.

HAIRE, Chief Judge, Division 1.

Two questions are presented on this appeal from a judgment which held that the State Personnel Commission could not order that back pay be withheld when a previously dismissed "state service" employee is ordered reinstated.

The trial judge concluded that there was no statutory authority for the Commission's Rule 11.2(1)1 which authorized reinstatement without back pay, and entered his...

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