STATE DEPT. OF CORRECTION v. WORSHAM

Nos. 319, 1993.

638 A.2d 1104 (1994)

STATE of Delaware, DEPARTMENT OF CORRECTION and Robert Watson, Commissioner of the Department of Correction, Appellees Below, Appellants, v. Paul C. WORSHAM, Wayne B. Latney, and James R. Morris, Appellants Below, Appellees.

Supreme Court of Delaware.

Decided April 4, 1994.


Attorney(s) appearing for the Case

James J. Maxwell, Deputy Atty. Gen., Dept. of Justice, Wilmington, for appellants.

Perry F. Goldlust, Heiman, Aber & Goldlust, Wilmington, for appellees.

Before VEASEY, C.J., MOORE and WALSH, JJ.


WALSH, Justice.

In this appeal from the Superior Court, we address an issue of first impression under Delaware law. The question posed is whether the State Personnel Commission (the "Commission") has the authority to place certain State employees in reclassified positions from which they have been wrongly excluded by misapplication of the Merit System rules and to award such employees back pay. A related issue concerns the...

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