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BENEDICT v. N.J. DEPT. OF CIVIL SERVICE

83 N.J. Super. 360 (1964)

199 A.2d 867

JOHN G. BENEDICT AND FRANK PCHOLA, APPELLANTS, v. NEW JERSEY DEPARTMENT OF CIVIL SERVICE AND JERSEY CITY BOARD OF EDUCATION, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 27, 1964.

Attorney(s) appearing for the Case

Mr. Maurice B. McLaughlin argued the cause for appellants.

Miss Marilyn Loftus, Deputy Attorney General, argued the cause for New Jersey Department of Civil Service (Mr. Arthur J. Sills, Attorney General, attorney; Mr. William L. Boyan, on the brief).

Mr. Michael R. Perrella argued the cause for Jersey City Board of Education.

Before Judges GAULKIN, FOLEY and LEWIS.

The opinion of the court was delivered by GAULKIN, S.J.A.D.

Benedict and Pchola were hired as "Supervisors" by the Jersey City Board of Education (hereafter board) on July 10, 1958, each for a one-year term. On November 4, 1958, pursuant to a petition filed September 18, 1958, the school district adopted the provisions of the Civil Service Act.

As holders of fixed terms, appellants would not have had tenure, under N.J.S.A. 11:21-6, upon the adoption...

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