GEORGE C. MOORE, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought $98.00 in back pay for one month's work as a Field Parole Agent. The court denied the claim because the complaint lacked allegations establishing his legal appointment, as required by civil service law.
Statutes cited: Paragraph 3, chapter 24½, Illinois Revised Statutes, 1937; Paragraphs 2, 3 and 4, chapter 127, Illinois Revised Statutes, 1937
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Headnotes
- SALARY-claim for by one not lawfully appointed or employed-no award can be made for. Where claim is made for salary for services alleged to have been rendered by one in a position to which he was not lawfully appointed or employed, there is no legal basis for an award for same and claim must be denied.
[*492] The complaint in this case avers that claimant on March 15, 1936, was hired by George Scully, the then Supervisor of Paroles, as Field Parole Agent, for which he was to receive Ninety-eight Dollars ($98.00) per month; that he worked one month in that capacity, from March 15th, 1936, to April 15, 1936, and that without fault on his part he was discharged; that he has received no moneys therefor. Claimant asks that he be paid a salary for that month in the amount of Ninetyeight Dollars ($98.00).
This complaint was filed on November 10, 1937, and on November 18, 1937, the Attorney General filed a motion to dismiss, and as grounds for said motion set forth:
1. If the State was liable to the claimant for salary and wages for services rendered from March 15 to April 15, 1936, he had an adequate remedy in a court of general jurisdiction which he has failed to pursue.
2. The complaint does not contain allegations which establish that claimant was legally appointed to the position of field parole agent.
In view of the position we take in this matter, it will not be necessary to consider the first point raised by the Attorney General.
The position of field parole agent is a position within the classified civil service in the State of Illinois.
Paragraph 3, chapter 24½, Illinois Revised Statutes, 1937.
The Director of the Department of Public Welfare is the only person who has authority to hire a field parole agent.
Paragraphs 2, 3 and 4, chapter 127, Illinois Revised Statutes, 1937.
The complaint does not contain allegations which establish the legal appointment of the claimant, and the motion of the Attorney General must be sustained arid an award denied.