State Personnel Commission v. Webb

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 judgment requiring full payment to the employee. The appellee-employee additionally urged in the trial court, and urges before this Court, that even if there is statutory authority…