Bye v. Giarrusso

BEER, Judge.

Plaintiff-appellant was dismissed from the New Orleans Police Department on November 21, 1969 for disciplinary reasons under Rule IX of the Civil Service Regulations for the City of New Orleans. He did not contest the dismissal but sued to collect 52 3/4 days of accrued annual leave denied him by application of Civil Service Regulations Rule VIII, Section 1.7(c) which provides:

“(c) Where an employee is removed under the provisions of Rule IX he shall *60not be entitled to annual leave; provided, however, that the appointing authority, may in his discretion, allow the removed employee…