STATE EX REL. KREJCI v. CIVIL SERVICE COMMISSION

No. 84-493.

17 Ohio St. 3d 140 (1985)

THE STATE, EX REL. KREJCI, APPELLANT, v. CIVIL SERVICE COMMISSION OF NORTH ROYALTON ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 22, 1985.


Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, John V. Jackson II and Duke W. Thomas, for appellant.

Robert J. Sindyla, law director, for appellees.


Per Curiam.

The court of appeals held that the demotion of appellant prior to the end of his probationary period did not constitute a violation of the writ which compelled his promotion originally. We agree. "The function of mandamus is to compel the performance of a present existing duty as to which there is a default. It is not granted to take effect prospectively, and it contemplates the performance of an act which is incumbent on the respondent when...

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