Balcrius v. HICKEY

Dissenting Opinion by

Judge Blatt :

I regret that I must dissent.

I agree with the majority’s initial conclusion that, absent proper notice to the appellant of the temporary nature of the appointment, his promotion did not qualify as temporary under Rule XII of the Civil Service Regulations of the City of Scranton (Civil Service Regulations) and was, therefore, permanent in nature.

*265The affairs of the City of Scranton, however, are governed by a home rule charter adopted subsequent to our decision in Wolkoff v. Owens, 12 Pa. Commonwealth Ct. 74, 314 A.2d 545 (1974). As noted by the lower court,…