State ex rel. Pennington v. Ross

The appellate court held that (1) those employed under E.E.A. (such as relator) do not acquire civil service status, at least as classified service employees, under the Ohio scheme of civil service irrespective of the fact that, if regularly employed, such status would attach; and (2) since the relator was not in the classified civil service as a matter of law, it necessarily follows that the order of the State Personnel Board of Review was one entered beyond the jurisdiction of that body.

Of crucial importance here is the fact that the appellate court permitted the respondent to collaterally…