People ex rel. Birmingham v. Grout

The relator seeks reinstatement by mandamus to the position of disbursing clerk in the department of finance, a position in the competitive class of the municipal civil service. He was appointed to such position in July, 1898, and his services were dispensed with on January 1, 1902, for the reason that the position was abolished as unnecessary. The relator’s name was thereupon placed at the head of the list of suspended employees, in accordance with Rule 42 of the municipal civil service, then in force, and section 1543 of the Greater New York Charter. The charter provides: “ Wherever in any…