DEPT. OF COM. AFFAIRS v. AVERETTE

Nos. 532 C.D. 1986 and 959 C.D. 1986.

104 Pa.Commw. 260 (1987)

521 A.2d 534

Commonwealth of Pennsylvania, Department of Community Affairs, Petitioner v. Edward Averette, Respondent. Edward Averette, Petitioner v. Commonwealth of Pennsylvania, Department of Community Affairs, Respondent.

Commonwealth Court of Pennsylvania.

March 2, 1987.


Attorney(s) appearing for the Case

Bernadette Barattini, Assistant Counsel, with her, Michael A. Donadee, Chief Counsel, for petitioner/respondent, Department of Community Affairs.

Michael Bryskier, for respondent/petitioner, Edward Averette.

Argued November 18, 1986, before Judges CRAIG and BARRY, and Senior Judge KALISH, sitting as a panel of three.


OPINION BY SENIOR JUDGE KALISH, March 2, 1987:

The Department of Community Affairs of the Commonwealth of Pennsylvania (Department) and Edward Averette, an employee of the Department, both appeal from an order of the State Civil Service Commission (Commission) which reinstated Averette to his position with the Department without back pay. We reverse.

Averette was the regional coordinator and supervisor...

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