Strauss v. Reid

This is a proceeding under article 78 of the Civil Practice Act, for an order directing and commanding the respondents to pay the petitioner certain back pay alleged to be due him by reason of his retroactive seniority. The question presented involves the construction of subdivision 5 of section 246 of the Military Law, concerning the rights of public employees who are absent on military duty.

The facts are not disputed. The petitioner was a signal maintainer’s helper in the employ of the board of transportation of the city of New York. In March, 1942, while so employed, he was inducted into…