State Ex Rel. Bird v. Apodaca

OPINION

McMANUS, Chief Justice.

Petitioner, James Bird, was appointed State Highway Engineer by the State Highway Commission pursuant to § 55-2-1.6, N.M.S.A. (Supp.1975). Governor Apodaca, respondent herein, sought to transfer petitioner from the Highway Department to the State Parks and Recreation Commission under a statutory provision, § 5-4-3, N.M.S.A.1953, which allows such transfers “as in his judgment may be necessary or convenient at any time to further the economical and efficient conduct of the state government . . . ” The temporary transfer would terminate on March 31, 1978. On that…