State ex rel. Krejci v. Civil Service Commission

The court of appeals held that the demotion of appellant prior to the end of his probationary period did not constitute a violation of the writ which compelled his promotion originally. We agree. “The function of mandamus is to compel the performance of a present existing duty as to which there is a default. It is not granted to take effect prospectively, and it contemplates the performance of an act which is incumbent on the respondent when the application for a writ is made. ” (Emphasis added.) State, ex rel. Willis, v. Sheboy (1983), 6 Ohio St. 3d 167, paragraph two of the syllabus.

The…