Stewart v. O'Dwyer

This appeal involves the salary rights of an employee of the City of New York, who was retired for ordinary disability and subsequently restored to duty in a position similar to that which he held upon retirement.

Petitioner was appointed to the ungraded position of auto engineman in the Department of Water Supply, Gas and Electricity on November 22, 1921. He was retired for ordinary physical disability on February 2, 1935, when he was receiving a salary of $1,980 per annum. He was reinstated to his former position on February 11, 1937, at a salary of $1,500 per annum, but his salary was…