State Civil Service Commission v. Fleming

Certiorari was granted to review the decision of the Colorado Court of Appeals in Fleming v. State Civil Service Commission of Colorado, 31 Colo. App. 463, 506 P.2d 158. In that case, the Court of Appeals held that respondent Fleming has a statutory right under C.R.S. 1963, 94-1-35 to reinstatement as a state civil service employee after 16 years in military service. We reverse the judgment of that case, and hold that a correct interpretation of this statute precludes the reinstatement of this respondent.

The facts which are pertinent in the resolution of the issue involved are set forth as…