Zahn v. Department of Civil Service

The opinion of the court was delivered by

Vanderbilt, C. J.

The facts of the case have been stipulated. The chief of the Irvington Eire Department having resigned effective as of May 15, 1950, Commissioner Balentine, then Director of Public Safety, on May 16, 1950, appointed Andrew J. Zahn to the position. At 8:50 that morning the plaintiff took the oath of office and entered on the performance of his duties, without, however, having pursued either of the current modes of qualifjdng for a promotion, i. e., an examination as required by R. S. 11:4-2 oían authorization from the President of the…