Opinion
No. 80-1404
Decided April 22, 1981.
Mandamus — Public employees — To compel reinstatement and back pay — Action erroneously dismissed, when — Pending action improperly considered.
APPEAL from the Court of Appeals for Cuyahoga County.
Effective October 21, 1977, Joseph Kabatek, appellant herein, was laid off from his employment by the Cuyahoga County Engineer. On March 22, 1979, the Court of Common Pleas of Franklin County disaffirmed that layoff, and ordered that appellant be reinstated to his former position. Appellant alleges he was ordered back to work effective June 18, 1979, and was given a job different than what he previously held. He was laid off from that position on July 6, 1979.
Appellant appealed the July 6th layoff to the State Personnel Board of Review, which affirmed the layoff. An appeal of that layoff is now pending in the Court of Common Pleas of Franklin County.
Appellant subsequently filed a mandamus action in the Court of Appeals for Cuyahoga County requesting that appellees, the Cuyahoga County Engineer, Treasurer, and Auditor, be ordered to give appellant back pay, and various civil service benefits, and to reinstate him to his former position. The Court of Appeals granted appellees' motion to dismiss on the ground that the action pending in the Court of Common Pleas of Franklin County provided appellant with an adequate remedy at law.
The cause is now before this court on an appeal as of right.
Mr. Robert D. Holmes, for appellant.
Mr. John T. Corrigan, prosecuting attorney, and Mr. Jeffrey Posner, for appellees.
The only issue before this court is whether appellant utilized the proper remedy to obtain back pay, benefits, and reinstatement allegedly due him from the layoff of October 21, 1977. Mandamus is the proper remedy under these facts. State, ex rel Hamlin, v. Collins (1981), 65 Ohio St.2d 63; State, ex rel. Colangelo, v. McFaul (1980), 62 Ohio St.2d 200; State, ex rel. Martin, v. Columbus (1979), 58 Ohio St.2d 261; State, ex rel. Osborn, v. Jackson (1976), 46 Ohio St.2d 41; State, ex rel. Dean, v. Huddle (1976), 45 Ohio St.2d 234; Monaghan v. Richley (1972), 32 Ohio St.2d 190.
The layoff of appellant on July 6, 1979, and any pending court actions resulting from that layoff, do not have a direct impact on the propriety of mandamus resulting from the layoff of October 21, 1977. Thus, the pending action was improperly considered by the Court of Appeals.
Appellees' allegation that appellant retired retroactively to November 1, 1977, is a factual question to be decided by the Court of Appeals and can be taken into consideration in the granting of back pay, if any, due to appellant.
For the foregoing reason, the judgment of the Court of Appeals is reversed and the cause is remanded for further proceedings.
Judgment reversed and cause remanded.
CELEBREZZE, C.J., W. BROWN, P. BROWN, SWEENEY, LOCHER, HOLMES and C. BROWN, JJ., concur.