Duncan v. Board of Fire & Police Commissioners

Here, the jurisdiction of R. S. 11:25-4 is invoked. The question for decision is whether section 11:22-16 of the Civil Service Act was disregarded in the promotion of certain patrolmen of the police force of the City of Paterson to the rank of sergeant.

The Civil Service Commission certified the first twelve names on the register of eligibles for “ten promotions to sergeant.” This was done pursuant to a rule of the Commission. R. 8. 11:10-1 provides that the first three names shall be certified for the filling of a vacant position, and, if more than one vacancy is to be filled, “an additional…