State v. O'Neal

Smith, Judge.

Appellant, the State of Georgia, seeks to recover a payment in the amount of $4,912.89, made to appellee. The payment represents compensation for 45 days accrued annual leave. The state contends appellee was not entitled to payment. The trial court disagreed and granted appellee’s motion for summary judgment. We reverse and remand with direction.

Appellee was a State Highway Department Merit System employee from September, 1953, to April, 1972. During this period, appellee was accumulating annual leave. See Rules and Regulations of the State Personnel Board, Regulation B,…